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August 27, 2010

Pre Nuptial Agreements - Protect Your Assets

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By john mce

Pre nuptial agreements, also known as premarital agreements or pre-nups can be a sensitive subjects with soon-to-be-weds. It’’s easy to see how it is an issue which can stir emotion - The last thing you want to be thinking about before you get married is who owns which item of kitchenware and the inevitable division of the CD collection.

A prenuptial agreement is a contract which is entered on before a marriage of civil union, which splits the two parties assets. The content is decided upon by the people being married, but usually includes provisions for the division of property, finances and possessions in the event of a divorce or breakup. They can also include clauses about the cause of a divorce, including adultery.

Breaking up might not be what you want to think about while you are planning your big day, but the peace of mind having your future secured could be the difference of happily walking down the aisle and having those last minute doubts.

Pre-nups not only govern what happens in the event of a divorce, but also when they die. They can also detail the rights of one party to act as an executor and administrator of their spouse’’s estate. In England and Wales prenuptial agreements are enforced at the court’’s discretion.

Standard divorces tend to split finances, property and responsibilities right down the middle, so if you don”t want this to happen a pre-nuptial agreement is essential. These types of agreements are common when there are children involved, and often people agree to give money or property to their children instead of their spouse.

Pre nuptial agreements are important for people who are involved in business partnerships, as when a partner gets divorced their ex-spouse might have a legal right to become a partner themselves, regardless of their aptitude or involvement up until this point.

Pre nuptial agreements deal not only with assets and finances, but also on debts and how they will be handled in the event of a divorce. Financial partnership can form an important part of a marriage, and setting out what will happen when and if it ends can offer security and peace of mind about the future. Discussing these matters in a business-like way might seem cold or heartless, but if it makes the difference between the marriage happening and not then it is probably worthwhile. Ensure that your partner-to-be understands your concerns, and make sure that he or she doesn”t feel aggrieved by the process.

About The Author

John Mce writes on a number of subjects including Pre nuptial agreement and premarital agreements. A pre-nuptial agreement is the best way to protect your assets in the event of a divorce.

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