A free prenuptial agreement is useful for individuals who are about to get married. The prenuptial agreement or the prenup agreement, in short, is a legal document that helps the couple set out details of their assets and determine how the assets would be divided in the event of an unfortunate divorce as the married life progresses.
Many people believe that a prenup agreement is relevant only for the rich and famous. However, in practice, many legal complexities in a divorce proceeding, particularly those affecting the assets of both partners can be more easily resolved when a prenuptial agreement that is properly executed is in place. On most occasions, the couple who are riding high emotionally and just looking forward to the D-day is not inclined to discuss financial affairs and much less drag themselves into a legal agreement. But, one look at the hundreds of divorce proceedings dragging endlessly in the courts, and you can instantly appreciate the value of a prenup agreement.
The free prenuptial agreement available from the internet is an ideal resource point for people intending to get into this agreement. The biggest advantage from the free prenuptial agreement is the ability of the individuals involved to gain a deep understanding of the agreement and the clarity it provides in safeguarding each other’s assets just in case inevitable happens. Even when the marriage sustains without roadblocks, the prenup agreement can be converted into a post-nuptial agreement with the terms retained, modified or some of them even dropped.
When you examine a free prenuptial agreement, it is important that you look for the ‘sunset’ clause. This is a legal provision limiting the validity of the prenup agreement to a specified date or an event like a child born out of the marriage. In the absence of a sunset clause, the prenup agreement itself can become void. A postnuptial agreement can, however, replace the prenup agreement and the parties to the agreement have the ability to determine its contents.
To be legally enforceable, the prenup agreement should also conform to the following requirements:
1. Prenup agreements are always written and oral agreements are not valid
2. Both the parties to the agreement should voluntarily sign the agreement
3. The agreement should be signed in the presence of a notary
4. The agreement is void if parties fail to disclose all material information
5. The agreement should be morally and ethically conscionable.
Though the free prenuptial agreement can set the tone for how you would wish the document to be drawn up, seeking appropriate legal advice can work to your advantage. Legal professionals specializing in a family with adequate exposure to prenup agreements should ideally be your choice. Though this exercise will cost you a few hundred dollars, you can save yourself from protracted legal battles in the absence of a perfectly legal document.