Independent Legal Advice for your Fiancée
Prenuptial agreements are still scrutinized by the courts, sometimes very closely. If you want your agreement to pass muster, having independent lawyers advise each of you is critical. While most courts don't require that each party to a prenup have a lawyer, the absence of separate independent advice for each party is always a red flag to a judge. On a practical note, having separate legal advisers can help you and your fiancée craft a lasting agreement that you both understand and that doesn't leave either of you feeling that you've been taken advantage of. We will be happy to recommend qualified counsel for your partner to consult. Moreover, we will provide your prenuptial agreement in both the English and Thai language to avoid later defenses being raised that your partner did not understand what she was signing.
Issues You Should Consider in a Prenuptial Agreement
Here's a quick list of some of the issues that can be included in a prenup :
- separate vs. joint property
- estate planning issues, such as providing for children from prior marriages or leaving family property
- how to handle a separate business
- retirement benefits
- non-liability for the other person's debts
- who gets what, if you separate or divorce
- waivers of spousal maintenance or “alimony” in the event of separation or divorce
- procedures for filing tax returns, including allocating income and deductions
- who pays household bills -- and how
- whether to have joint bank accounts and, if so, how to manage them
- agreements about specific purchases or projects, such as buying a house together or starting up a business
- how you will handle credit card charges
- agreements to set aside money for savings
- agreements for putting each other through college or professional school
- provisions for a surviving spouse in your estate plan or through life insurance coverage
- how to settle any future disagreements, such as with the help of a counselor, mediator or by a private arbitrator acting as judge.
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