Prenuptial Agreement Assets Before Marriage
A prenup is above all a financial agreement, created before marriage, which resolves the issues relating to the division of ownership and the payment of assets between the spouses in the event of divorce. The contract may be amended or revoked after the marriage, but requires a written agreement signed by the parties. When you approach your future spouse about it, you should consider their feelings and just be why you want the deal, Frawley advised. Post-nuptial agreements are similar to marital agreements, except that they are made after a couple`s marriage.  When divorce is imminent, post-uptial agreements are called separation agreements.  These conditions are set out in Article 1466 of Thailand`s Trade and Civil Code. In accordance with Thai marriage laws, the matrimonial agreement focuses on the assets and financial consequences of marriage and sets the terms of ownership and management of common personal and concrete property and the eventual division of marital property when the marriage is dissolved. The marriage agreement also contains a list of each party`s personal property at the time of marriage and ensures that debts and property prior to marriage remain in the possession of the original owner or debtor. Personal property includes: Remember that your state has laws that govern who gets what in the event of a divorce.
With a prenup, you can bypass many of these laws by refusing to know who gets what. While some states prohibit it, other states even allow you to decide whether you have the right to be dependent or not. Check your state`s law or with a family law lawyer to clarify this issue when drafting the marriage agreement. The judges examine in detail the marital agreements to look for anything that tends to give a financial incentive to divorce. If a provision can be read to promote divorce, the court will set it aside. The courts once considered any provision detailing how the property would be split as an incentive for divorce, because society has an interest in divorce. That`s why judges are so attentive. The house has been worth since the time of the marriage, which can make the value increased under the submission by the court. Many critics argue that negotiating a marriage deal before your marriage is wildly unromantic, and the uncomfortable process can make a marriage fail before it begins. However, Prenups supporters point out that in the event of a divorce, these agreements can save a lot of trouble, not to mention money, especially if it`s not their first marriage.
When a couple decides to split up, prenups can avoid long-term and overly costly legal battles.