My fiancé and I agreed to assurance a pre-nuptial acceding afore our accessible wedding. I accept annihilation to protect. He has some ancestors money and will accede added someday. I don’t accept a botheration signing and accede it should all be his if we get divorced. I didn’t plan to appoint a lawyer.
Then a acquaintance asked me what happens if he dies. I accept I would accede his assets if he dies afore we accept accouchement and that I would allotment with the accouchement if he dies afterwards we accept them. But, I ample I should ask you this catechism afore I assurance the agreement. Do I accept annihilation to anguish about?
You accept a lot to anguish about and should abandon the abstraction that you can accommodate this on your own. You are advantageous to accept a acquaintance who is allurement some questions. You charge to appoint an accomplished ancestors law advocate to represent you in this negotiation. If you don’t accept the money to pay, ask your fiancé to pay, as he wants you to accord up cogent rights. Do this afterwards adjournment as best attorneys will not represent you unless the bells date is at atomic two months away.
Until recently, abounding attorneys took the position that it was not all-important to accommodate “on death” accoutrement in pre-nuptial agreements and instead brash bodies they should actualize an acreage plan afterwards the wedding. That has never been my admonition and a contempo case accepted my thinking.
While pre-nuptial agreements ascertain what happens to assets in the accident of a divorce, they can additionally accommodate at atomic minimum protections in the accident of an abortive afterlife of either party. Best bodies don’t appetite to anticipate about their demise. Couples do not about get affiliated and accomplish accessories with their acreage artist for the abutting day or alike the abutting year. The accident comes in to comedy if a pre-nuptial acceding defines all of your fiance’s acreage as his abstracted acreage and is bashful on afterlife provisions. The case law now says if authentic as his abstracted acreage in a pre-nuptial agreement, his acreage would go to his acreage and not to you, behindhand of the actuality you are married, because you agreed what was his backward his as if you never married.
I consistently admonish bodies to accommodate for on-death accoutrement bold there is no annulment awaiting at the time of death. The acceding should be added acceptable aloft afterlife than it would be in the accident of a divorce. What if his ancestors money is acclimated to buy a nice home that you alive in — if he dies area will you live? What if you accept accouchement and stop working? Ask your advocate to advice cross what is fair in your circumstances.
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