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How to Search Prenuptial Agreement

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Katie Michelson, a partner at Biermann LLP, specializes in domestic relations and matrimonial law. In her discussion about prenuptial agreements, she addresses the misconception that they are only for the wealthy. Many clients seek these agreements to pre-plan asset distribution in case of divorce or death. She clarifies that one does not need significant assets or income to create a prenuptial agreement; rather, they are intended for individuals wanting to control the allocation of their assets and income. Prenuptial agreements can vary in complexity, ranging from detailed 30-page documents to simpler versions, according to individual preferences.

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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Does cheating void a prenup?

Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.

Are prenuptial agreements valid in the UK?

Are UK prenups legally binding? Usually, yes however, there are several caveats. Even though UK courts recognise prenuptial agreements, they can also veto any agreement within the prenup if any part of the agreement is unfair or discriminatory towards any children.

How do you validate a prenuptial agreement?

To be valid, a prenuptial agreement must be in writing and signed by both parties. It is also crucial that the agreement is not signed under duress. This means that you cannot be coerced or forced to sign. If this occurs, the prenuptial agreement will no longer be considered valid.

Do you need a solicitor for a prenup?

To produce a legally binding prenuptial agreement, it is important that both parties take advice from a divorce and family law solicitor.

Is a prenup always 50 50?

In community property states, courts generally split marital assets equally, using a 50/50 split. In equitable distribution states, judges divide marital property in a way they believe is fair, depending on the individual circumstances of each casethis method doesnt always result in a 50/50 split.

What makes a prenup invalid UK?

What would invalidate a prenuptial agreement? As the law currently stands, a court would be unlikely to uphold a prenuptial agreement in the UK if: It was not written by a qualified solicitor specialising in family law (for example, it may have been written by a solicitor who knew nothing of matrimonial law).

Can you get a prenup without your spouse knowing?

Both parties need to fully disclose their financial situations before signing. If a spouse is concealing hidden assets or hidden debts at the time of signing, it could trigger the invalidation of the prenup at a later time.

What causes a prenup to be invalid?

In the circumstances the judge ruled that the prenup was invalid because: There was no legal advice, The parties had not disclosed one anothers assets to each other. The agreement didnt meet the needs of the husband.

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