If you are about to get married to someone that is very wealthy and he or she wants you to sign a prenuptial agreement, you should carefully read it over before you sign. In addition, you may want to talk to a lawyer about it to get legal advice before you agree to it. If your lawyer sees certain things that might harm you in the future, he or she might suggest countering the agreement by asking for a few changes. Here are three changes you might want to request before agreeing to the terms.
Having To Move Out Immediately
If your future spouse owns a home that you will move into when you get married, he or she might stipulate in the agreement that you must move out immediately if he or she dies or files for divorce. While a prenuptial agreement can require a spouse to move out, you should not have to move out immediately.
You might want to have this worded differently. For example, it could state that in the event of divorce, you have the right to stay living there until the judge orders you to move out. This would be a fair way to handle this issue. In the event of death, it could state that you have a certain amount of time to move out. This could be a few months or a year, or you could have it worded to allow you to stay in the house a certain length of time for each year of your marriage.
Giving Up Rights To Assets Acquired During The Marriage
The second thing to consider changing in a prenuptial is wording that states you agree to give up any assets acquired during the marriage. While you may not be able to keep all the assets you both acquire while you are married, you should not have to give up all of them. When a prenuptial states something like this, an attorney will usually recommend countering it to state something that is fairer.
Your attorney may have suggestions about this, but a common suggestion is to reword it to state that you are entitled to half of all assets acquired during the marriage. This would be a more reasonable statement to have in a prenuptial agreement, and many judges would support a statement like this.
Limiting The Amount Of Child Support You Will Get
Finally, it is illegal to place a limit on child support in a prenuptial agreement. If you and your spouse plan on having kids and you will most likely get custody if you divorce, he or she will most likely have to pay child support to you for the kids. The person you are marrying cannot state what this amount will be or place a limit on it.
Child support is something that is calculated based on income. If you split up in the future, the court will determine the child support amount by comparing your incomes. It is not up to your future spouse to dictate what this amount will be.
Keep in mind that prenuptial agreements are legal tools couples can use; however, you do not have to agree to what your future spouse's lawyer draws up. You have the right to show the document to a divorce lawyer to review it, and you also have the right to ask for changes in the document. This does not mean he or she will agree to them, but you should never sign a prenuptial without first seeking legal advice.
If you are wondering what to do about the prenuptial agreement your future spouse has created, talk to a divorce lawyer. A lawyer can help you protect yourself in this matter. Contact a company like the Law Office of Kristine A. Michael, P.C. for more information.
