In Property Law there is something called “Separate Property” and since property laws govern various forms of ownership from real estate and personal property to businesses and other forms of contract law; it is prudent to be well-informed of the benefits “Prenuptial Agreements” have to offer in the regards of Divorce Law.
Many divorce laws in various places in the continental United States of America may cause distress to married couples, particularly those who misgauge their personal situation and come across the unfortunate event of a divorce or the death of a spouse; or the breakup of spouses who became business partners before the marriage, during and upon the years leading to the divorce.
That is why it is important to have a prenuptial agreement in place before getting married. Married couples with a prenup have more trust in the integrity of the relationship and that creates peace of mind. This is a major benefit regarding prenuptial agreements as they preserve the status of your financial situation is clearly defined instructions that are immutable between state lines.
To unaware married couples without prenuptial agreements the emotional and financial cost of divorces can be devastating due to the differing laws in each state across the USA. Divorce law is directly controlled by state law. Each state has a different set of statutes and rules for how separate property is re-allocated upon a divorce.
If a couple has created a prenuptial agreement then all of those different laws will not come into effect upon a divorce; this is another major benefit that ensures peace of mind to couples who may have been married in Massachusetts for instance but relocated to New York later on and got divorced.
That couple would avoid how the two states categorize “separate property” in the event of a divorce or death of a spouse even. With a prenuptial agreement a married couple has control of their own decisions about family money, alimony, inherited assets, gifted assets, or property distribution. The benefit of having a prenuptial agreement ensures that these decisions do not change no matter where they re-locate to in the future.
Honest and true divorce lawyers agree that the best wedding gift you and your loving spouse can give to one another is a prenuptial agreement. The trust and peace of mind that a prenup will have in the relationship will only serve to strengthen the bond of marriage in honesty and integrity. And if your marriage does not turn out as planned at least you have a solid agreement between each other to make the divorce process as painless as possible.
