There is no state in the country that doesn't recognize a prenuptial agreement. This type of agreement is entered into in order to protect assets in case of divorce or if you die. A prenup is particularly important if you have not left behind a will, but still wish to protect your property so that children from an earlier relationship will inherit it. However, not everyone needs a prenup. Generally speaking, there are state laws that exist in order to protect assets that are brought into a marriage. Before you pay the associated legal fees in order to create a prenup, take some time to really consider whether a prenup is the right option for you.
Is It Fair to You?
If your soon-to-be spouse asks you to enter into a prenup that says that all the material assets will be given to him in case of divorce (and you will receive nothing), it is unlikely a court would honor the prenup. This is because of its extreme unfairness. Both you and your spouse will be contributing to your union after all. Even when one spouse out-earns the other spouse by a substantial amount, the other spouse may be paying utilities or buying groceries. A prenup designed to preserve premarital assets is reasonable. But one that essentially ensures that you will never receive anything for your efforts during your marriage is most certainly not reasonable.
Being Pressured to Sign
If you find yourself under pressure from your future spouse, or if you feel that he or she is trying to coerce your signature on a prenup, then it may be time to step back a bit. You need to try and determine what exactly is motivating their desire for a prenup. It is very important that you have enough time to look over documents and digest the information. Make sure that the terms of the prenup are fair to you. If your spouse to be wants you to sign without allowing you adequate thought, you probably should be wondering why. This is also the case if your intended spouse's attorney or family begins to pressure you to sign a prenup.
Not Fully Understanding a Prenup
Unless you have a background in the law, it's an excellent idea to take your prenup to a qualified attorney for review. An attorney like Borowiec & Borowiec PC Attorneys At Law can help to explain the legal terms of the agreement in a manner that makes it easier to understand. Keep in mind that a prenup is a legal, binding document. This means that you should have a professional who is working as your advocate, not your intended spouse's lawyer, to make sure the prenup is fair to you before you sign it. A reputable attorney would never represent both parties in a prenup.