Do We Need a Prenup? The Advantages of a Premarital Arrangement

May 5, 2015 by

Marriage is often considered a monumental step. After all, the decision to spend your life with another person is not something to be taken lightly. It’s extremely important to know whether you and your partner are on the same page about the most fundamental and essential things. As such, couples who are deciding to get married can’t do it in a heartbeat. There are several considerations to discuss and be made among each other. One way these considerations can be laid out and become legally binding is through a premarital arrangement.

A premarital arrangement, also popularly known as a ‘prenup’ or a ‘prenuptial arrangement’, refers to a legal document that serves as a contract between a couple who is about to be married. The contract details a list of each couple’s properties, assets, and debts, as well as specific agreements about financial decisions to be made in the event that the marriage will end (either by separation, divorce, or death of a spouse). These financial decisions include items on issues like property distribution and death benefits.

Creating a premarital arrangement is a necessary step during a couple’s engagement because of the many advantages it can bring. For one, signing a premarital contract ensures the financial stability of each couple. It can also protect any children the couple may have financially. Both parties can rest assured that neither of them nor their children will face any financial difficulties should a death occur or should they decide to walk away from their union. In the event of a divorce, having a premarital arrangement can also ease any tension or conflict that usually stems from such an emotionally stressful time.

According to the website of Arenson Law Group, PC, a prenuptial agreement is a legally binding contract, a premarital arrangement will be subject to the decision of the court. It will be up to a judge to decide if the clauses stipulated in the premarital contract is valid and reasonable. Because of this, drafting an arrangement on your own can be difficult and arduous and the hiring of a skilled lawyer is highly recommended.

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How To Successfully Find And Work With A Lawyer

Aug 25, 2014 by

Do you have to go to court? If so, then you should understand that being prepared is the key to success. This includes finding and working with the best lawyer for your needs. Read the below article for some helpful tips on locating great lawyers to ensure that you win your case.

When you are describing the situation that you are in to your lawyer, refrain from lying. You should be telling them the truth at all times, as this could backfire if you are questioned on the stand and your lawyer does not have all information available. Honesty is the best policy, especially in regards to legal issues.

Real estate lawyers are extremely helpful in legal situations involving real estate, such as buying or selling a home, renting, or lawsuits involving any of these subjects. This will help ensure that you get a favorable ruling each and every time. By the same token, a personal injury lawyer, such as those at Pohl & Berk, would be most helpful if you’re hurt in an accident.

Don’t assume that a specialist lawyer is more expensive than a general practitioner. While a specialist might indeed have a higher hourly rate, they might charge you for less overall hours. A specialist will not need to spend as much time learning and researching laws regarding a case that a general practitioner would.

If you have been in an accident, do not hire any lawyer that comes to you and tries to solicit your business. This is not only unethical, but it is against the law. You do not want to hire anyone to handle your legal case if you have to worry about their legal ethics.

As you can see, the importance of finding the right lawyer is crucial for your success in court. Do not settle for mediocrity, especially when it comes to court. Arm yourself with the best lawyer that you can. Now that you have read this article, you should be able to do this. Good luck!

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Supreme Court Invalidates DOMA, Validates Gay Marriage in California

Sep 3, 2013 by

The highest court in the US voted to strike down a law that prevented gay couples from being recognized by the federal government, which also means a lifting on a ban on gay marriages in California.

The Defense of Marriage Act of 1996 (DOMA) was signed into law by then-president Bill Clinton, and primarily blocked married gay couples from receiving federal recognition as a married couple. This was true even for couples who live in states which allow gay marriages. The block also meant that all the benefits that are traditionally provided to married couples including social Security survivor benefits were denied to married gay couples.

U.S. v. Windsor was a landmark case for gay rights in the US. In a 5-4 decision on June 26, 2013 Section 3 of the DOMA which defined marriage as one between heterosexual couples only was considered unconstitutional by the Supreme Court, citing the protection embodied under the Due Process Clause of the Fifth Amendment that safeguards a person against the abuse of government authority.

Because this ruling essentially stripped DOMA of its main purpose, which was to prevent gay couples from being recognized by the federal government, it effectively invalidated it. It also reflected on the legal standing of Proposition 8, which is a ban on gay marriages in California passed by voters in 2008 when the state made it legal for gay couples to be married. By June 28, 2013, two days after the Supreme Court ruling on U.S. v. Windsor, the stay on same sex marriages was lifted by the Ninth Circuit Court of Appeals.

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