Prenuptial Agreement And Divorce Related Concepts

Written by on June 20, 2013 in Relationships - No comments | Print this page

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divorce prenupWe might like it or not, divorce is a real fact of life.

Lots of people get married every day and many of those marriages end in a divorce.

Just like how marriage brings two people together and is a legally binding relationship, its end should also be attested by legal procedures.

Sometimes things go on smoothly and sometimes they don’t. Then there are times when divorce proceedings becomes so ugly that some people swear off never marrying again, worried about future events.

It’s impossible to tell whether or not a marriage is going to last forever or end in a divorce. It helps to know about the many things you can do from a legal perspective to manage things in the event of a divorce.

Pre-nuptial agreement

The preparation for a divorce scenario begins, well before the wedding itself. That ‘preparation’ is in the form of a pre-nuptial agreement or simply, prenup.

Prenup is a legal document that is designed between two marrying individuals which clearly dictates what are their responsibilities to each other in terms of finances, children and any other topic, in the event of a divorce.

On the outset, a prenup sounds like a great idea. It is indeed a great idea and those couples who have such agreements seem to have far better divorce and marriage experiences.

One concern with a prenup is that you are already considering a possibility that the marriage will go down. This may come across as a letdown for some couples, especially when one person is all for prenuptial agreements and the other person is not.

Eventually, it comes to your ability to convince you’re about to marry that the prenup is simply a way of securing the future. A prenup is like buying a life insurance.

None of us want to die but in the event of such a catastrophic happens, at least those who are depending on us will not have to suffer. A prenup is not fool proof either.

It only works and remains valid when the divorce happens under the conditions that are laid down in the agreement. Anything that is outside this understanding will still have to go through standard divorce settlement procedures.

Documentation

A huge issue with any post-divorce settlement is that variety of arguments that are put forward by the other party about earnings before the marriage and those that were earned during the marriage.

Since marriage is a two player game, in the case of a divorce, the other party might want to claim some contribution towards earnings that were made during the marriage.

On the other hand, you may have had earnings which were made before the marriage started but the other party might claim this money as well. Much discussion and proceedings will go on about this.

One way to avoid this is to have clear cut documentation about what were your assets prior to the marriage and what were the assets that were earned after the marriage.

This sounds so simple, it is unfortunate that many folks don’t this. It could be because paper work is difficult to be maintained or simply too intensive a task and probably boring too. Whatever may be the case, the more and better is your documentation, the less hassle you will have to deal with later.

Separation Solicitor

Eventually, it all comes down to the choice you make with your divorce lawyer. You may have a prenuptial agreement in place or not. You could have all the necessary paper work like clockwork or you don’t really have it.

Either way, all the available information will need to be used by the divorce lawyer you have chosen to represent in your journey to come out of the divorce in a good way, financially.

Divorce lawyers are easy to find as long you remember the most important criteria – experience. There are lots of other attributes you should look for. Qualities like a responsive office staff, clear and concise explanation to your queries and requests. All this is fine, but, what matters the most is the fact that the solicitor comes with a lot of experience in the field of divorce.

Once you lock in a deal with someone like that, such a lawyer will make sure that you will get what you want out of the divorce. More importantly, such lawyers will help you have realistic expectations from your divorce proceedings.

This is critical and only the best lawyers from the finest legal firms can help you from a practical view of what might happen at the end and the divorce is settled.

The author, who writes on many topics, usually researches at the source. He knows many separation solicitors Aberdeen, from whom he collected all the required info.

Image courtesy of arztsamui / FreeDigitalPhotos.net

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