PreMarital Agreement:

Premarital agreement is an agreement made before marriage by both the parties as to the arrangements of assets of each of the parties, in case the marriage becomes a failure. In a premarital agreement, both the parties may make arrangements for the spousal support and their inheritance rights. There are several reasons by which a marriage comes to end. If the marriage comes to an end, it becomes necessary for both the parties to work up with the assets, what they have before marriage and what they acquire after marriage.

Premarital agreement is made to avoid confusions that may arise after the marriage comes to an end. Since the divorce has become common nowadays, it is essential to be prepared with premarital agreements before marriage. Premarital agreement is also made, if the parties think what should happen to the assets if they face sudden death.

Consult your attorney before making a premarital agreement and he will assists you in drafting the agreement including appropriate provisions for the arrangements of the assets in such a way that the property what you owe before marriage lies with each of them at the time of divorce.

Validity of PreMarital Agreement:

While considering the validity of premarital agreement, the court shall see the facts and circumstances which led the parties to make such an agreement. If the court is satisfied about the premarital agreement, it shall pass an order to dispose the assets as per the agreement.

Legal Requirements of a Valid Premarital Agreement:

A valid premarital agreement must consist of the following:

• Name, age, addresses of both the parties
• State the reason of making the agreement
• Description and value of all assets
• Description and value o sthe liabilities
• The consent of both the parties

If you make a premarital agreement, you have to completely disclose all assets and your liabilities. Since you insist on the premarital agreement at the time of divorce through a process of law the terms and the conditions must be reasonable making the court to believe that such agreement is made under fair circumstances. The agreement must also give an opportunity to review the provisions well before the wedding.

Post Marital Agreements:

Post marital agreement is an agreement which is drafted by the husband and wife after the marriage relating to the arrangements of disposition of assets and income before the parties separate, divorce, leaves or dies. Whether it is premarital or post marital agreement, the agreement should not be obtained by fraud or coercion or undue influence and must be entered freely and voluntarily.

PreMarital Problems