Do You Need a Prenuptial Agreement?
A prenuptial agreement is a simple contract that outlines what each spouse brought into the marriage. It typically lists all of your debts and assets. If the two of you end up getting a divorce, the court will have to abide by the prenuptial agreement. It is commonly used when one or both of the parties to a marriage have substantial assets or debts. It is becoming more common today than it used to be. It is no longer limited to very wealthy families or millionaires. Arizona family law attorneys draft them more often than you may think.
Some People are Insulted by a Prenuptial Agreement
It isn’t unreasonable to ask someone to sign a prenuptial agreement. It is simply a contract designed to protect both spouses. However, it is also reasonable for someone to be upset if they’re asked to sign one. They may feel that you don’t believe they love you for you. They may think you’re calling them a gold-digger. So be careful how you approach them. Make sure they realize that this is designed to protect you and your future spouse.
Your Arizona Family Law Attorney Can Draft the Contract
What you can do is meet with your Arizona family law attorney and have them draw up the contract. Ask your future spouse to look at it. If they have no problem signing it, then your attorney can have the two of you execute the contract. It’s a good idea to have your spouse’s attorney look at it as well. This way, nobody can claim that your spouse was under duress at the time of the execution.
If Your Partner Won’t Sign it, Nobody Can Force Them To
Nobody can force another person to sign a contract. A prenuptial agreement is a contract. If your wife or husband to-be chooses not to sign the agreement, there’s nothing you can do. Of course, you can choose not to go through with the marriage. However, a prenuptial agreement with only one party’s signature has no legal weight. If your future spouse doesn’t sign the agreement, your assets will be vulnerable if you end up getting divorced. If you press the issue too hard, you may end up not getting married at all.
Talk to an Arizona Family Law Attorney Now
If you’re engaged to be married, you may be feeling that you need to protect yourself. In some situations, one party has a ton of assets and the other one does not. It can be very awkward to ask your betrothed to sign a prenuptial agreement. One way to get around this is to have your Arizona family law attorney approach the two of you together. Technically, this agreement is designed to protect both of you. It doesn’t have to be one-sided. If your spouse-to-be refused to sign the agreement, you have some serious thinking to do.
You need to ask yourself what their refusal means. Does it mean they intend to take advantage of your assets? Or does it mean they don’t think love has anything to do with money? It’s up to you whether you choose to go forward with the marriage. All your Arizona family law attorney can do is draft the contract and explain the terms to the two of you.
If you’re thinking you need a prenuptial agreement but aren’t sure how to go about it, call our office today. Sit down with an experienced Arizona family law attorney and let them discuss all of your options. If you have a lot of assets to protect, you need to make some hard decisions.