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Laura Dale & Associates, P.C.

Are prenups best saved for the wealthy?

For many years, people have heard that a prenuptial agreement is a good choice for those with substantial assets. This is especially true when one soon-to-be spouse has quite a bit more money than the other soon-to-be spouse.

A prenuptial agreement can help divorcing couples avoid much of the acrimony that is often found in a divorce case. Generally, a contentious divorce is that way because of child custody or property division. While a prenuptial agreement cannot address issues such as child support, it can address issues like child custody, visitation and property division.

In order for a prenuptial agreement to stand up in court, it must meet a few requirements. First, one party must not be rushed into signing it. It's best if each party has his or her own attorney review the document to make sure his or her client's rights are protected.

Second, the prenuptial agreement cannot be signed under duress. This means that the one party cannot make the other party afraid of what will happen if it isn't signed.

Third, the prenup must not contain any fraud. If it does, then the judge in the divorce may rule that the prenup is inadmissible.

Here's something to remember, though. You do not have to be wealthy to need a prenup. This legal document simply makes it easier for someone to keep his or her assets in case of a divorce or separation.

An attorney can explain more benefits of a prenuptial agreement, as well as a post-nuptial agreement. The latter is filed after the wedding.

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