A marital agreement can be considered a will for the death of a marriage (either because of actual death or divorce). Just as a will can be used to avoid some of the succession problems, a marriage agreement can be used to avoid some of the divorce (and succession) problems. In fact, everyone already has a will and a conjugal agreement by law. It is the laws of succession and divorce that can be considered as the will and marital agreement that the state writes for you if you do not write your own. Your state`s divorce and estate laws provide guidance for the judge to comply with how the property should be shared or distributed. By using a marriage agreement, you and your spouse can write your own guidelines that must be used in place of your state`s laws. While the application of marriage contracts varies from state to state, five conditions are generally laid down. First, all assets, accounts, liabilities, sources of income and any other factors that may cause financial situation to change must or must be disclosed. Second, each party must be represented by an independent lawyer.

Third, the agreement must generally be fair at the time of treaty entry. This means that your future spouse must be simultaneously for a period of time between the time he or she is submitted with the agreement and the time when you will both marry. It could also mean that if your spouse is from a foreign country, the document must be translated into his or her native language or a translator must be required to read it in his or her native language. In some states, prenup must be fair even at the time of its application. Unfortunately, the court and a jury often decide what a reasonable person would find right. Fourth, the courts can set aside the obligation if its application impoverished one of the parties and risked seeking public assistance. After all, you can never refuse help to children. The answer depends on your specific circumstances. You should seriously consider a marriage if one of the following circumstances applies to you: the benefits of a marriage agreement cannot be overstated. Marriage is a legal community of ownership. When the marriage ends, the decision to distribute the property is often the greatest source of conflict for couples.

Marital agreements minimize these difficulties: so now that you`re armed with a little more information about pregnancy relationships, how are you going to answer your lover`s second question? More and more Americans are signing pre-marriage agreements. How do you decide if you need a prenup? Learn more about prenups and what they can protect and what they can`t protect. c. Do you discuss his reasons for the desire for a conjugal agreement and explore the possibility that it may be beneficial to both of you in the long run? A marital agreement gives both parties the opportunity to demonstrate what happens with income and wealth when the marriage ends in separation, divorce or death. Discussing financial issues is never easy, but talking about money before entering into a marriage can save grief and long-term tensions. In the absence of a prenup, the property could be in the hands of your spouse`s children from a previous marriage in place of your own children. Or they could go to a lazy friend who didn`t contribute much to it, while you were building a business from there, or you wrote a book that became a devastating success. The marriage agreement is hardly a new form of legal documents. In fact, they have existed in one way or another for thousands of years.