Reasons To Hire A Lawyer When Drafting A Prenup
Your family lawyer is your first stop when you intend to divorce your spouse, adopt a child or file a custody case. However, did you know you need the lawyer's input when drafting your prenup or postnuptial agreement? Most people underestimate the need for legal services when drafting these contracts. Below are several reasons to hire a family lawyer when drawing these contracts.
Protecting Your Interests
Most people presume that a prenup or postnuptial agreement is supposed to guarantee a peaceful divorce process. Although there is some truth in this, the contract's primary objective is to protect your interests in the course of your union during separation and divorce. In most cases, you might not know your interests at the start of your marriage since most unions are founded on mutual trust. Therefore, you are likely to make oversights as you draw the contract. Your family lawyer is your best bet at safeguarding your interests. For instance, the lawyer can use the agreement to protect your inheritance, guarantee spousal maintenance and ensure a stake in your partner's business once you divorce. The lawyer could also exempt you from taking responsibility for debts and liabilities your partner had before your marriage.
Avoiding Obnoxious Clauses
Some people use the prenup or postnuptial agreement to control their spouse's behaviour in marriage. For instance, a cheating partner might be forced to rescind their rights to marital property. In other cases, some partners use the agreement to determine the sexual conduct of their partners. Your lawyer explains the implications of these clauses. For instance, what would happen if your partner set you up to make an infidelity claim? What would happen if you develop an illness or secure a job that prevents you from maintaining your obligations? In most cases, the lawyer advises you to avoid signing a contract with such clauses. Besides, they advise whether the clauses in your prenup meet the minimum legal standards in your state and country.
Keeping The Agreement Legal
In Australia, each party requires independent legal advice to make the prenup or postnuptial agreement valid. Typically, your lawyer's first task is to ensure the contract is legal. For instance, have you had sufficient time to go through the contents? Are the clauses legal? Has your partner coerced you into signing the contract? Your family lawyer must provide a legal statement to prove they exercised their duty to provide unbiased and accurate legal advice.
When hiring a family lawyer to help with your prenup, assess their expertise and licencing. Besides, ensure the lawyer's pricing is within your budget.
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