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Does a prenuptial agreement protect the new spouse from child support?
Wiki User
∙ 13y ago
Prenuptial agreement or not, the new spouse is not responsible for the child(ren). However, the State may place liens on real and personal property, including bank accounts, even though the new spouse is a joint owner.
Wiki User
∙ 13y ago
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Does filing a prenuptial agreement keep one spouse's bad credit from attaching to the other spouse?
A prenuptial agreement does not have any bearing on whether credit will be affected.
How do you fight a prenuptial agreement?
The only way to fight a prenuptial agreement is to hire an attorney. The attorney would have to show that the money earned during the marriage was earned, in part, by the spouse fighting the agreement, and that the party fighting the agreement would be significantly harmed if the agreement were to be kept.
Is it okay to refuse to sign a prenuptial agreement?
Yes. You should also be represented by your own lawyer if there is a prenuptial agreement on the table. The attorney must look after your best interests. Your intended spouse may not follow through without the agreement.Yes. You should also be represented by your own lawyer if there is a prenuptial agreement on the table. The attorney must look after your best interests. Your intended spouse may not follow through without the agreement.Yes. You should also be represented by your own lawyer if there is a prenuptial agreement on the table. The attorney must look after your best interests. Your intended spouse may not follow through without the agreement.Yes. You should also be represented by your own lawyer if there is a prenuptial agreement on the table. The attorney must look after your best interests. Your intended spouse may not follow through without the agreement.
What is the other spouse is intieled to?
A spouse is entitled to half of all assets in a marriage. The only way around this is to sign a prenuptial agreement before getting married.
If a couple voids their prenuptial agreement after they are married will the children of one spouse have a case for overturning the revocation after they pass away?
A married couple that entered into marriage with a prenuptial agreement and then decides to void it, it must be done with a lawyer and both signatures must be on the document. Verbal voiding is not acceptable.
Can a prenuptial agreement help if the person you are marrying has child with his ex wife and is paying child support does that became your responsibility also?
It depends on the state you live in. In some states the new spouse is also responsible for child support. However, in most states they are not. That doesn't mean that DHS can't take money from a joint bank account or joint tax return though. A prenuptial agreement is only between two individuals, and therefore has no bearing on state and local child support laws.
How do you protect spouse from paying child support?
If spouse is ordered to pay support by a court, until another court changes that, you cannot "protect" the spouse.
The Importance Of A Prenuptial Agreement?
A prenuptial agreement is a contract signed voluntarily between two parties who intend to marry. In this agreement, special arrangements and specifications are made regarding each party's assets. A prenuptial agreement is used by couples who are entering a marriage and intend to keep their pre-existing assets solely in their possession. Should the couple later choose to divorce, the assets of the parties will be protected from seizure or division by the other. When two people marry and do not have a prenuptial agreement, if a divorce is sought later, the assets are divided equally or as ordered by a judge. If one party had several assets, such as a house, car and land, while the other spouse had no assets, after the divorce ruling, the spouse who previously owned nothing could be awarded one or more of those assets held by the other spouse. To avoid an undesirable division of assets in the event of a divorce, one party may elect to propose a prenuptial agreement. Any signed and written agreement is considered binding, but for the sake of fully protecting assets, the party desiring the agreement should contact an attorney to draw up the legal forms. There are sometimes exclusions and other specifications that must be listed in a prenuptial agreement for certain things that require a solid agreement; without solidity, the agreement may be permeable for the other spouse to manipulate and obtain belongings. Some couples choose to enter into a civil union instead of formal marriage; prenuptial agreements are binding in these unions also. Prenuptial agreements may include specific instructions about most things, but there are several items that are not allowed to be included. Illegal provisions, those that contribute to the event of a divorce and custody of children are all things that are not allowed to be placed in a prenuptial agreement. Some states do allow specifications to be made about alimony in the event of divorce. Contrary to popular belief, wealthy individuals are not the only type who use these agreements. Prenuptial agreements may be used by anyone who feels they have possessions of value that they want to be protected. Considered a preventative measure merely in protecting one's own assets, a prenuptial agreement is not a tool for creating division or harsh feelings. Couples are encouraged to use these agreements before getting married and consulting an attorney to assist in document preparation.
Understanding the Importance of a Prenuptial Agreement?
A prenuptial agreement, more commonly known as a prenup, is a contract between two individuals who intend to marry or enter into a civil union. This contract, which is created prior to the union, outlines what will happen should the couple get divorced. Prenuptial agreements usually dictate how the couple will split their assets, property and handle spousal support. This agreement might also include provisions penalizing an unfaithful spouse or dictate certain spousal responsibilities. The main thing a prenuptial agreement may not contain is terms regarding the future custody or visitation of a child.How to Determine If You Need a PrenupPrenuptial agreements are used to protect the finances of both parties in case of divorce. Divorce can take a huge toll on a person's financial security. Without a prenuptial agreement, an individual might lose valuable assets he or she worked hard for prior to the marriage.Still, it can be difficult to determine whether a person really needs a prenup. Contrary to what many people believe, these agreements are not just for the rich. Generally speaking, anyone with valuable assets, like a home or retirement fund, should seriously consider a prenuptial agreement. Business owners, breadwinners, future breadwinners and people with dependents from a previous relationship should also consider a prenup. If you fall into one of these categories, forgoing a prenuptial agreement might strip you of your rightfully earned income or assets should you get divorced.How to Create a Prenuptial AgreementFor a prenuptial agreement to be valid, it must be in writing, created voluntarily and be reasonably fair to both parties. Neither party can attempt to hide certain terms or deceive their future spouse. To prove the agreement is authentic, both parties must sign the document in front of a notary public.While these requirements are fairly straightforward, writing a prenuptial agreement can be difficult. To create this agreement, individuals protecting large assets should consult an experienced attorney. In this case, both parties should consult their own attorney to ensure the agreement is in their best interests.Couples protecting more conservative assets can sometimes create their own contract using state-specific templates and forms. These forms are almost entirely written and allow couples to simply fill in the blanks. As long as your prenuptial agreement meets your state requirements, choosing to create your own contract or using an available template will save you both money and time.
If Married is a Spouse entitled to half of the estate in the state of Georgia?
Yes, unless you signed a prenuptial agreement.
How does a retired couple who have lived together for fourteen years determine who owns what?
Some married couples who meet later in life have a prenuptial agreement that what is hers is hers and what is his is his (home left to her/him by her/his former spouse; property; investments, etc.) If you did not have a prenuptial agreement and the two people really loved each other once then what one has the other owns. It is wise to seek professional help by a lawyer and both of you should try to be fair. If you have signed a prenuptial agreement then there is no point in fighting it. Providing there is not a prenuptial agreement mature couples, even though they may be breaking up should sit down and list what each wants when it comes to the home; any properties; investments, etc. As far as material things in the home you should come to amicable agreement without arguing over every little item.
What part does prenup agreement plays at the time of property distribution in divorce?
One way to ensure that both parties receive a favorable distribution is to create a prenuptial agreement prior to the marriage. Assuming that the agreement doesn't overly benefit one spouse more than the other, the court will typically grant the property distribution as outlined in the prenup.
