How Can I Prepare For Divorce If There Is A Premarital Agreement In Place?
This depends upon the terms of the agreement. But certainly creating a budget makes sense when one’s income is about to change.
Likewise, as we formalize the dissolution of a marriage, each spouse needs to separate all of the financial entanglements. The motor vehicles will need to be separately insured. One will need to separate the utility bills. Bank accounts and credit cards need to be separated.
Assuming the agreement calls for children to spend overnights with both parents, each parent needs a place for the children to sleep, clothing for them to wear and all the basic supplies, food and clothing for them to feel at home with each spouse.
Does The Divorce Process Move Smoother If There Is A Pre Or Postnuptial Agreement In Place?
Often the answer is yes. Yet sometimes, especially when the terms are ambiguous or do not answer fundamental questions, the agreement may even complicate matters. For example, an agreement that distributes real estate long ago sold with proceeds not clearly used to buy new real estate may allow for various interpretations about what to do with real estate owned at the time of the divorce.
Why Is It Important To Have An Attorney Who Actually Has Experience In Drawing Up Pre And Postnup Agreements Handle Represent You In Your Divorce Case?
When one has done this before, one has seen what often goes wrong. This experience allows one to adopt strategies to avoid the same mistake a second time. When one reads cases, again one can see what often goes wrong. Likewise, this at least gives the attorney a heads up to avoid similar difficulties.
But an attorney adds something else. If one signs an agreement without making proper disclosure, the chances of having the agreement set aside and voided increase. An attorney can assist in the disclosure process so that the chances the agreement will remain valid and govern each spouses’ obligations and rights will increase. Since certainty is the goal of the agreement, being reasonably sure the courts will enforce the agreement is crucial.
For more information on Preparing For A Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 794-1303 today.
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