Insert Alternative Choice into the Prenuptial Agreement and eSign it in minutes

Aug 6th, 2022
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How to Insert Alternative Choice into the Prenuptial Agreement

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hey estate planning attorney paul rabale here and in this video were going to talk about whether that um im getting married later in life im getting married again i want to protect my assets so i want to do a prenup whether that use the prenupt to protect your assets is actually worthless okay so theres a myth out there that ive had to dispel more times than i care to imagine let me give you the situation so lets say lets call them florence and frank you know theyre getting married theyve each been married before and theyre getting married theyre theyre lets say theyre 63 years old and you know as part of the getting married process they want to make sure all their bases and options are covered from a legal financial tax standpoint so they decide florence says well why dont we go to my old divorce lawyer and well get a prenup because thats what you know thats thats what people do when they have children and get married later in life and so as part of that thats what

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Sometimes, people view prenups as a sign that trust is lacking. However, when one person asks a prospective marital partner to sign this agreement, it does not necessarily reflect a lack of trust. Prenups can protect both parties and may also eliminate uncertainty.
A postnuptial agreement or post-marital agreement is similar to a prenup with the only difference that it is entered into by a couple who is already married or in a civil union.
The main difference posed by a postnuptial agreement is that many of either spouses assets become marital property the moment they sign the marriage license. These might include stock options earned during the marriage or real estate purchased since marriage. A postnup must take care to address all marital assets.
What doesnt a prenuptial agreement cover? Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
Trusts are, in many ways, more secure than a prenup. When you create a trust, your personal premarital assets are now the property of the trust as a separate entity, rather than being owned by you.
Trusts and family vehicles such as limited liability companies (LLCs) can offer wealth protection features similar to premarital agreements. As an initial matter, trusts can be useful in keeping a familys intergenerational wealth separate from marital assets.
Under the law, a premarital agreement is a contract two prospective spouses enter into before marriage that doesnt become effective until they marry. Prenuptial agreements can include income, real estate, earnings, financial interests, debts, and other present or future assets.
If you do not want to enter a pre or post-nuptial agreement with your partner, you can protect your assets as part of divorce proceedings through other means. For instance, getting a solicitor to draft you a Consent Order instead, or setting up a trust which holds assets outside your marital estate.

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