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I Can`t Find My Prenuptial Agreement

9. No independent counsel: since their separate interests are at stake, both parties to a pre-marital contract should be represented (and must in some states) by their own lawyers, or the agreement is not enforced. 6. Invalid provisions: Although a pre-marital agreement may cover almost all financial aspects of the parties` relationship, it cannot in any way alter the educational obligations that any spouse would have in the event of a divorce. All other provisions of the contract that violate the law would also be invalid. However, it is possible that the court will adopt the illegal clauses and apply the rest of the agreement. Each party should have its own copy of the marriage agreement. The clerk`s transcript of the signing ceremony must also be kept at the same time as the marriage agreement. These should be kept in a safe, safe or other place, with important documents such as passports, birth certificates, etc. Both parties should also keep electronic copies at different locations, and it would not be a bad idea to have certification work with a brother or close friend.

Your lawyer may keep a copy for a few years, although if you divorced after many years, your lawyer may have retired, or may not have recorded a file of years or decades. Yes, it is important that each party discloses its finances to the other (including all income, assets and debts). The marriage agreement may be challenged in court if it later discloses that one of the parties did not disclose or conceal assets at the time of the creation of the agreement. In the interest of full disclosure, it is wise to add annual accounts detailing each party`s financial situation. Marital agreements recommend individual legal assistance for both parties and the lack of experienced counsel may be another reason why a marriage agreement cannot be applicable. Divorce laws can be complicated and they can change. The state allows you to contractually give rights that might otherwise be granted to you if you have not had a marriage; However, the state wants to make sure that you understand the rights you are giving up. Well, if you decide not to think about a lawyer that makes it easy to get out later, that`s a bad position.

The counter-argument is that you had the opportunity to have legal assistance, but you chose not to do so voluntarily. Ignorance of the law is never an excuse if you have had the opportunity to receive information and advice. If you are the marital spouse who wants the marriage, you might want to invest a few hundred dollars in a separate lawyer for your best half, to make sure they can`t later argue that they haven`t figured out what they`re giving up. There are many ways to assess shared ownership in the event of separation. LawDepot`s marriage agreement allows you to choose the two most common methods for evaluating shared ownership or creating own. A judge sided with the man and said that the Prenup was valid because it had standard small print, that it could not be modified or revoked, unless the couple had signed a new agreement in the presence of witnesses.