What Happens to The Joint Bank Account Before, During, and After Divorce

Money is something that is a very controversial matter to discuss during the process of the divorce. Most especially if you have a joint account with your soon to be ex-partner.

A joint account is an account that both of you and your former partner own. Both of you used to get access to this account even without the presence of the other. But if you are filing for a divorce, you will need the help of the court to decide on how much you will get.

It takes a lot of ways for you to do first before you will get a certain amount that you deserve. You will need to hire the best divorce lawyers to defend your side in getting the amount that you desired in a fair manner. Most of the time the money that is owned together by both parties will be put on hold. Which is why there are lawyers who are there to help in discussing the manners when it comes this.

The first thing that you will need to do before filing for a divorce is to hire a lawyer who specializes in this field. And also you will need to check the laws and rules about divorce in the state that you are living or in the state where you want to file the divorce.

Here are the things on whats going to happen to the joint account money of the former couple.

Before the Divorce

The money that you and your former partner used to own will be on hold. There are a lot of discussions that need to be discussed. And there are a lot of agreements that need to be settled in order to divide the amount of money evenly and fairly. But there is a temporary financial support from one of the couple in order to sustain the life that they used to live. This is for the sake of their child’s future and needs.

During the Divorce

During the process of the divorce, there is a method called alimony. It is where the one who has more income supports the former partner who has a lower income. Alimony in this modern time is no longer similar as it used to be. Before, the man is responsible for giving money or supporting his former spouse during the process of the divorce up to a certain number of years. But today, it already depends on who has a higher income. Even in child-support. There are different kinds of processing that they need to go through and also must consider the divorce law according to their state.

The main role of the court is to study and investigate the case thoroughly before giving out the money to the former couple. Studying their background and their financial situations is also a part of the process. This is to make sure that both parties will be able to get a fair amount of money by the end of the divorce.

After the Divorce

Once everything is already settled, both parties will receive a certain amount of money from the former joint account. And when it comes to the land titles and business titles, they will also get a certain amount of share. The amount or portion of share will also depend on the decision of the court’s analysis of their situation.

Money can complicate most of many things. Most especially if you are not financially stable. The lesson before entering a joint account is to secure your own bank account. This is to make sure that you will still be able to support yourself in case of emergencies. Not just for the divorce, but for you to be prepared for what the future holds. This is for your sake and your child’s sake.

If you are financially dependent on your partner, you will need to go through a long process. Divorce lawyers Alexandria VA know what to do when it comes to this kind of situation. From money matters up to the child custody. It takes some time in order for this process to be completed. Which is why you will need to have patience and get the best lawyer that you can get.

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What You Need to Know About Divorce

Marriage is a union of two individuals who are in love. They make use of this marriage in order for them to be considered as one. It is also a string that attaches one person to another and bound to be together for the rest of their lives. But we can never predict what will happen in the future. People will tend to change and as well as feelings. It takes a lot of courage and time to think when a wedded couple decides for a divorce. Divorce lawyers are hired to make sure both parties will be able to agree on certain terms. The lawyer is in charge of making sure that their client fully understood what the law needs in order for their marriage to be forfeited.

There are different stages that you need to go through in order for you to file a divorce. Below are few of the common stages that you need to know.

Petition

In order for the divorce to begin, a petition is filed. This is the first and the most common step that you need to do in order to start a divorce. This is where you get the chance to file a complaint or to file a child custody and even a restraining order. There is also a thirty-day period where the respondent should find his or her attorney to help him or her with the divorce. This only happens when the complainant has already endorsed the Letter of Complaint or the Original Petition for Divorce.

Temporary Divorce Order

This order serves as a temporary outline agreement by both parties. This involves child custody, spousal support, and also child support. This temporary divorce order will last until the end of the processing of the divorce. There is no definite time for processing. It always varies on the state that you are filing.

Divorce Discovery

The Divorce Discovery is like a Prologue of a book. It is where the summary of the main reason why a complainant is filing a divorce. There are certain processes that a former couple need to go through in order to finish this step. We have the Disclosures, Interrogatories, Admissions of Facts, and Request for Production.

Depositions

Depositions are where the attorneys of both parties ask series of questions that can be used in the court hearing. These questions will lead to a sworn testimony by the client and can also be used during the hearing.

Divorce Mediation

Divorce Mediation is where both parties who are involved in the divorce meeting. They are accompanied by their lawyers to discuss the things that need to be neutralized. It is to negotiate a settlement for both parties in order to meet their needs. It usually involves the dividing of properties that they used to own when they were still together.

Divorce Court

If the Divorce Mediation did not work, the court is there to help deal with the problem. It is the court’s job to examine the case and decide what is best for each of the party. It usually takes two weeks of the examination until the decision is being announced.

After Divorce Court

Once everything is already settled, and the divorce processing is leaning towards the end, sealing the deal will then take place. Both parties will sign a decree in which they have already arranged and fixed whatever it is needed to be fixed and have divided what is needed to be divided.

Appealing a Divorce Court Order

If you feel like there is something wrong with the divorce, you can always file for another motion of complaint about another hearing. You will again get to sit down with the same judge and attorneys who were involved during the process of your divorce. And it will then be re-examined.

In order to speed up with your divorce, you need to hire the best divorce lawyers Alexandria VA that you can find. Filing a divorce is not an easy thing to do. There are a lot of considerations that you need to think about. And the stages that are mentioned above are just the common ones. The process will vary according to the state where you filed the divorce. And it will take time for it to be finished for it is being examined properly. And the court will make sure that both parties will be able to have a peaceful ending by the end of the divorce.

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Why Spousal Support Lawyer is Needed

Divorce is one of the most difficult things that a married couple have to go through whenever their marriage is already failing. Countless of reasons on why a happy marriage could lead to such break-up. There are a lot of paper works that needs to be done in order for the separation to be legal. Spousal Support Lawyer is also important during and after the divorce processing. Spousal support is needed because it is the law. supporting the other party is still part of the law and the agreement. And the length of this support depends on the agreed terms of both parties. And with the help of the support lawyer, everything will surely go easily and be able to process the divorce smoothly.

Purpose of Spousal Support Lawyers

The job of the lawyer is to help both parties agree to certain terms in order for the spousal support to be approved. It is also to get a fair judgment and in order for both parties to be able to live comfortably within the agreement of the spousal support. The support is offered to the other party that doesn’t have that much income. Or during the duration of the marriage, the certain spouse is dependent on their partner. It is basically a financial aid to the one who cannot support themselves. Or has a lower income than the other.

Kinds of Spousal Support

Temporary Spousal Support

Temporary Spousal Support is also known as the Pendente. Or in other words a pending support. It is basically a pending support until the agreement is already settled. It is awarded during the process of the divorce. The amount of the needed support to be given will be calculated properly by the court. This is a transition from the Temporary Spousal Support towards the Permanent Spousal Support. There is a lot of processes that need to consider. And a lot of factors that both parties need to look into. Money is one of the biggest factors in this kind of situation. The amount and the length of time given to continue to support the spouse.

Permanent Spousal Support

There are seven factors in order for the spousal support to be permanent:

-The duration of the marriage

-Supporting the standard of living that they both used to have

-Joint loan or debts that both parties have.

-The physical and mental condition of the spouse that needs support.

-Child custody agreement.

These are just a few of the things that need to be considered in order for the Permanent Spousal Support to be activated or valid. The right and experienced lawyer will be able to help you with your needs in order for you to avail this kind of a support. It takes a lot of time in order for the permanent spousal support to be approved. And it needs a lot of studying to make sure both parties will be able to agree on the terms.

Limitation of Factors of Agreement in Spousal Support

Everything in this world has its own expiration date. And with the spousal support, there are limitations. One of the limits is that when the party that is being supported remarries. The spousal support will be terminated because of the remarriage of the one being supported. Another one is that if the one being supported dies. The next one is when the given amount of time of support will expire. It is up to the one being supported to renew or not. And finally, the sudden change of situation. When the one supporting can no longer support because of financial reasons.

Financial support needs to be discussed. There are a lot of best divorce lawyers Alexandria VA that will be there to help you in any situation that you will be facing. Couples who are working on with their divorce will be facing different kinds of circumstances. It takes time and a lot of money for it to be finished. And financial support is required. This is given to the one who has a lower income or to the one who has the custody of the child. But there are limitations that you need to consider. And if the spousal support is approved, Everything will then flow smoothly

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How To Hire The Best Divorce Lawyer

Divorce is not an easy thing to do. It is separating from the one that you used to love due to a lot of reasons. But sometimes it is one of the best things for an individual to do in order for them to grow. Divorce lawyers are there to help you go through the situation They are responsible for making sure that you will be able to process everything effortlessly. Without wasting any time, money and emotions. It is the lawyer’s job to abide the law and also the laws of the process of divorce. There are a lot of things that will be affected by the divorce. Which is why hiring the best lawyer can help you make everything quick and easy.

Here are some notes on how to hire the best divorce lawyer.

Create a list of the top lawyers near you

If you are in a small town or big town. There are a lot of lawers that you can go to. Create a list of who you know and a list that is being recommended by somebody you know. A recommended lawyer is usually where we go to. But it is not a guarantee that you can hire that lawyer. There are still stages for you to consider before hiring a lawyer that can help you go through your divorce.

Check your budget

Different lawyer, different rate. Check your budget before hiring a lawyer. You might run out of cash because of hiring the wrong lawyer. Negotiation is ideal to satisfy the lawyer and your needs as well. It is also best to do a little bit of research on how much is the usual rate for a divorce lawyer so that you will not be in shock whenever you are already talking to a divorce lawyer.

Set an appointment

Once you have a list of the lawyers and able to set your ideal budget, setting an appointment is a must. This is where you get to interview a lawyer and be able to find the one who you think is perfect to help you. You will also know during the interview who has what it takes to be your lawyer. This is to test on how well they are in their job.

Have a list of questions that you want to ask

In order for you not to waste time during your appointment, it is best to have a list of questions. Make sure these questions will be able to satisfy all your queries about the lawyer and up to what extent of their help they can do.

Select which one you think best

After you have interviewed some lawyers, I’m pretty sure you already have one or two in mind. Trust your gut feeling before hiring and be futuristic about the lawyer who you want to work with. The right lawyer will not allow you to feel uneasy. It is time to use the so-called 6th sense in this kind of a situation. Where you can only trust yourself and your guts

Ask around

Ask around about the lawyer you want to hire.  Knowing their “success score” can help you trust the lawyer that you want to hire. This is also for you to know their ability on how to handle the case that they are assigned to. It is known if that lawyer is popular, they surely have a high rate of success in their job. An experienced family law lawyer is what you are looking for. To make things faster and easier for you to process your divorce.

Set your goals

Set your goals and the desired timeline of the processing of the divorce. It will make everything easier for you if you have goals. Know what you want and have a lawyer help you in going through it.

The best divorce lawyers Alexandria VA are the ones you will make you feel confident about the process of the divorce. They will not leave you hanging and they will certainly not allow you to feel uncomfortable. Defending your right is what they aim for. And in order for you to know the best lawyer for you, follow the tips mentioned above and trust your gut feeling.

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Law for Divorce: Military Couple or a Military Spouse

Marriage is a huge step for any couple. Most especially if one of the spouses is a part of the military. If a military personnel is undergoing a process of divorce with their significant other, there are some unique and complex issues that arise. Military divorce lawyers will make better decisions in order to please both parties.  Military divorce is not the same with the normal divorce that most couples go through. There are some legal issues and papers that need to be processed. It is not an instant process, and like any other divorce cases, it takes a lot of time in order to ensure that everything will be successful.

Things to know about Military Divorce

Knowing the state or the location where the divorce will be filed.

We have this Uniformed Services Former Spouses Protection Act or USFSPA. This handles the division of the pension of the military personnel who is undergoing a divorce. This is to ensure that their former partner will have a part of his pension. But this is one of the most complicated processes in the military divorce. Divorce should be filed in the state of legal residency in order for the court to divide the pension. But if not, the court will have no authority to do so.

Knowing the Servicemembers Civil Relief Act

This Act is giving the other spouse an amount of time to fill up the divorce papers. Then after, the court will be able to process the next steps in order to begin the formal preparation of the divorce. The Servicemembers Civil Relief Act also can make a request in delaying the process of the divorce. This is only if the other spouse failed to respond or failed to appear in any hearings. It freezes the child support, property division, and military division.

Military Lawyer Involvement

Military legal assistance attornies cannot process the entire divorce proper. It is best for you to hire a private lawyer who is “expert” in the field of divorce. Although the military legal assistance attornies can be of help but limited. They can help writing letters, improve and review legal documents, negotiate on your behalf and answer some of your questions. A spouse of a military personnel can also get a military legal assistance as well. Even if they are not a part of the military.

Child Support

The military child support when it comes to divorce involves the amount of money agreed and authorized by the court. It takes an ample amount of time on deciding how much money would they shell out money to support their child. It also involves house allowance, basic allowance for subsistence and housing allowance. Changing the amount agreed requires another consent order in order to increase or decrease the former amount agreed. Each military services except for the air force has a certain rule that needs to be followed. This rule is about how much a parent should pay.

Continued Health Benefit

Even after the divorce, the spouse is still entitled to the TRICARE. This is about the 20/20/20 rule. Where 20 years of marriage, 20 years of service, and 20 years of overlap. If these rules are met even after the divorce the former spouse is entitled with TRICARE as their secondary payor and the private payor as the first.

But if the former military spouse is not eligible for the TRICARE, they can buy either conversion health coverage which is called Continued Health Care Benefit Program. The former military spouse can buy this program and has a 36-month of health care. But if he or she wants to extend, there are some certain rules that he or she should be met in order for it to extend.

There are a lot of things to consider in military divorces. These are just a few of the considerations that you need to know upon applying for a divorce. Best divorce lawyers Alexandria VA can surely help you process your military divorce easily and quickly. These lawyers will also make sure that both parties will have an equal agreement and can settle the different assets in a fair manner. Going through a military divorce is difficult. It takes time, effort and emotion to get through it all.

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Children’s Support after Parents’ Divorce

Separation is one of the hardest things to deal with when it comes to children. Their parents’ divorce will affect the way they live and the way they grow up. Child support lawyers are there to defend the children’s rights. They get to help protect them as well. These lawyers are also responsible for the safety of these children if both parents are not healthy for their growth. The divorce of a child’s parents is one of the toughest moments in a child. Most especially if they are still young. There are a lot of things that they have to deal with in order for them to cope with what’s lost.

Here are additional reasons why children need help from lawyers:

Help reach the children’s basic needs

A child always needs a home. And it is the lawyer’s job to make sure that the home that they will go to will be safe. Also, the lawyer needs to do their best to make sure that the children will be safe. And lessen the trauma that they have experienced that is caused by any family law case. They also make sure that the court will know how the children feel during the event of chaos. This can help them decide on where to put the kids.

Protects the rights of the children

The lawyer is always there on behalf of the children. They serve as their voice so that everyone will be able to listen to what the children want and need. Lawyers must also observe the child whenever they are with their parents and to see how the children act and feel whenever they are around them. It will also be easier for them to decide where the children go for custody.

Decides about the welfare of the child

Another responsibility of a lawyer is to stand and decide what is right for the children, Most especially in a case where the parents of the children are not doing their role as a role model. They should think and decide what is best for them. They serve as if they are the extended parent that uses the law to protect them and give them their needs.

Defends the rights of the children

Every kid needs to be heard. And every kid needs to have a lawyer as well that will be there for them during difficult life situations. They will stand as their guardian until the court has decided on what is best for the children. The lawyer must keep the confidentiality of their conversation between the child. Unless the children want their parents to know or the court to know.

When to get a lawyer involved?

It is time for the children to have a lawyer by there wide when there is custody or access case that is requested by the court. This happens if the child is part of a certain case. And also for child protection.

How can a child and a lawyer work together?

The lawyer who accepts any case must build a trust relationship between them and the child. It is also the responsibility of the lawyer to explain to the child what it means to have a lawyer. And also it is the lawyer’s responsibility to determine the views of the child and preferences. Constant communication between a lawyer and the child is a must. This is for the child to be able to adjust and can build a relationship with their lawyers. If this is achieved, it will be easier for the child to open up to the lawyer and say what she or he needs to say. And it is the lawyer’s job to tell the court what is best for the child’s interest.

Family lawyers, Alexandria VA will always be there to support their child. This is to ensure that whatever the family is going through, they will be able to hand it properly. Most especially for the children. They need lawyers as much as an individual must be. There are a lot of situations where children cannot handle and cannot understand. This is where a lawyer will stand up by there side and help them understand that everything is going to be okay.

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Dealing with Family Business and its Common Issues

There is a huge difference in the relationship between a family and their family business. Treatments will be different within the workspace and within family reunions. But it will never be a rare thing that there are some conflicts that may happen along the way. Things will also be difficult if there will be a family separation that might occur. The pioneering CEOs of the business get divorced. The division of the business might be a little bit of a challenge. Hiring a business lawyer and at the same time, a family lawyer will always make everything easier.

Business will always be business, and we will always need our family to be there in order to keep the business running. And in order for everything to be well organized, hiring a business lawyer for the family is a must. Bellow are the common issues that a family experience when it comes to running the business together as a family and as a business corporation.

Separation of Business Partners

The common business partners are sometimes married couples. But if the marriage will no longer work, the business they put up together is in a bit of a trouble if both sides have negative upbringing between them. There are different kinds of scenarios that will likely to happen. One is the stagnation of the business. Due to lack of communication and mutual understanding about the business, the sales might as well decline. Another one is the splitting of proceeds. It needs a good lawyer in order for everything to be in a good place and have a continued joint management. And the last thing that might happen is that the spouse buys out the other.

Relationship as a Family and Co-Worker

Family and work have their own way of treating one another. Treating a family is caring for one another in order to make everyone successful. But treating a family member who is also your co-worker in your business, might change everything. It can never be avoided that there will be awkward situations between the family if there are some negative happenings in the business. The way each other treats at home and at work will not somehow be the same as usual.

Family Pressure

You can never trust anyone in the world aside from a family member. Which is why the pressure is on whenever you are hired by your uncle to run a certain business with them. It is a common issue when the next generation is given the pressure to run the business in the future. It is either they are not interested in running the business or they lack skills in running the business. This leads to mental pressure and might result in unwanted happenings. Physical and emotional problems are the common causes of family pressure. Which is why a boundary should be set so that the relationship as a family and a business partner will never be shattered.

Turning Over

The turning over a business is one of the most crucial stages. There are a lot of people who are involved, within the family itself and also the non-family members. It is a battle between the relationship of the family and the trustworthy employer. Another issue is that if the business is passed on to a family member who doesn’t want to run it, this will lead to mental pressure. And if it is being passed on to a non-family member, the rest of the relatives might have a tension towards that worker.

The absence of Exit Plan

Technically if you are a member of a family who is running a business, there will be no escape.  It can’t be avoided that the CEO of the business retires and no one in the family wants to run it, the family might sell the business for the betterment of the future. There has to be a futuristic plan in order to keep the business running. It is either to be continued by a family member or sell it or even transfer the responsibility to a trusted worker.

Family lawyers Alexandria VA will always be there to help you with any family problems. Most especially when it comes to the family business. There are a lot of solutions in order to keep the business running even without the conflict between separated business partners.

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Understanding Legal Separation Agreements

separation legal agreements
Legal separation agreements are written agreements that are made between two spouses intent on separating or who have separated.

In a nutshell, such agreements establish each spouse’s rights including but not limited to who pays the family debts, how the property will be divided, who gets to live in the matrimonial home.

The agreements also state the kind of visiting rights each parent has, who has custody of the children, and who makes spousal and child support payments, etc.

The separation agreements are voluntary and are not required by law to establish legal separation.

Whether they are present or not, separation is deemed legal once one spouse moves out of the marital home and does not intend on moving back in or both spouses have been living separately.

However, separation agreements resolve most of the issues involved in a separation and makes the whole process much easier.

Legal Separation Agreements requirements

To create legally binding agreements, both spouses must be honest and open about their financial situation.

This calls for detailed disclosures of all their significant liabilities and assets.

Additionally, the separation agreement must be in writing; entered into voluntarily; understood by both parties; and signed with witnesses present. It is also advisable that both spouses receive independent legal advice before appending their signatures.

While courts are generally tasked with upholding separation agreements, it is always a good idea to avoid one-sided agreements.

This is because unfair agreements often create resentments which in turn leads to court proceedings in an attempt to vary the agreement.

Biased agreements also contribute to litigation on the breakdown of a marriage which is what they are designed to avoid, to begin with.

Although legal separation agreements become legally binding once signed, both parties can vary their terms by mutual agreement at any point down the line.

If you have never drafted the agreements before, you should consider hiring a divorce lawyer to help you out.

Legal agreement enforcement

By being a signatory to a legal separation agreement, each party has the same obligations and rights as if it were a court-ordered separation.

If you have concerns that the other party is unlikely to fulfill its obligations as stipulated, you can file it with your family court in your jurisdiction. This should help enforce any payment schedules under it.

Who can prepare such an agreement?

Although spouses can prepare their own legal separation agreements, most are negotiated and prepared by lawyers.

The obligations and rights in these agreements are crucial so each spouse ought to be sure of his or her rights prior to signing. When hiring a family lawyer, ensure that he/she is reputable and experienced enough.

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Situations When To Hire A Child Custody Lawyer

child custody lawyer

When you part ways with your partner, and you have kids, there is always the issue of kids. If you are still in good terms with your partner, you can agree on who will have custody of the children, but if this isn’t the case with you, you have no way out other than to fight for child custody.

In some cases, you don’t need to hire a child custody lawyer to help you out, but if the situation calls for it, you should go for one. To help you out, here are situations when you may need the attorney:

Your ex-partner already has a lawyer

While you can win when you represent yourself, your chances of doing it area slim. This is because lawyers are highly experienced in the area and know all the loopholes that they can exploit to ensure that you lose your case.

For you to increase the chances of winning your case, you should highly consider getting a divorce attorney to represent you. Good lawyers are often pricy; therefore, if you don’t have enough money to hire one, you should consider getting free legal aid in your area.

As rule of thumb, you should avoid an attorney who is too cheap as you will always get what you pay for.

Your case has become more complicated

Sometimes you may find that your case has become more complicated. For example, your partner might have agreed to share custody, but they might have changed their mind. In such a scenario, you should hire a divorce lawyer who will be on your side and work with you until you get the form of arrangement that is right for you.

You believe that your child is in danger

Sometimes your ex-partner might try to hurt your child. For example, they might try to take him/her away from you. Some partners are crazy and might threaten your child. If your ex has threatened to take away or hurt your child, you should get qualified legal representation.

You should get an experienced lawyer who will let the court know about the situation and get the best for you and your child.

The court isn’t on your side

Sometimes the court isn’t on your side from the word go. For example, when the judge requires that you take parenting or anger management classes, it might already have the impression that you aren’t fit for child custody which greatly reduces the chances of getting the custody of your child. In such a scenario you should get a family lawyer to represent you.

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Divorce Lawyer: Tips To Consider When Drafting A Prenup

divorce lawyer

The prenup protects you when you are divorcing. When you are drafting the document, you need to consider a number of tips. Some of these tips as given by divorce lawyer include:

Be cautious of your emotions

It’s common for love to distort your reality. For you to have a smooth divorce in the future, you should be careful of these emotions. When you decide to draw a prenup, you should be objective and have a sitting with your spouse.

Regardless of how attached you feel, you should ensure that you first fill the document before you go ahead with your marriage.

Disclose your assets

It’s common for financial disclosure statements to be attached to prenuptial agreements. These agreements show the income, debts, and assets of both the involved parties. In most cases, the wealthier spouse does want to reveal how much every asset is worth.

If this is the case with you, you shouldn’t feel obligated to disclose everything. The best way out is to opt for the limiting disclosure. Here you reveal the assets that you have, but you don’t go to the extent of disclosing how much they are worth, especially when they exceed a certain value.

While this is the case, you should ensure that you list every asset so that there are no complications in the future.

Avoid fault clauses

A fault clause is a clause where you give limitations to your spouse. For example, telling your spouse that he/she will pay you 1 million dollars in the event they cheat on you. Fault clauses are not only useless and give you a bad look in the eyes of your spouse, but they also don’t hold any water in court.

You should work with your family lawyer and come up with an agreement that is enforceable and gives you a clear picture of what you will get in the event the marriage ends.

Don’t give pressure to your spouse

Divorce attorneys recommend that you draft the agreements as early as possible before the marriage as possible. This will give you time to talk about the agreement and fix any issues that might be present.

If you ask your partner to sign the agreement a few days before the marriage, he/she can site coercion and undue pressure which compromises the enforceability of the agreement.

You should work with your divorce attorney who will help with the drafting and reviewing prenuptial agreements and ensure that you have the documents signed not later than 30 days before your wedding.

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