Clearly, the stigma against prenups is becoming less and less noticeable. Both age and water agree that, according to national statistics, they have many more customers asking for prenups than ever before. Both believe that this is related to the fact that people marry later, richer and smarter, and that more women now have their own careers and capacity, which gives them more equal bargaining power. « I also think it`s not as taboo as it used to be, » Wasser said. It is the lawyer`s responsibility to develop a valid agreement. Write down all your advice to your client. Include the conditions under which the agreement was developed and all the recommendations you made that the client declined. You simply want to defend the document you have written, as well as your own actions as a lawyer, if you or the document is challenged or questioned. The pros and cons of marriage contracts may vary from case to case. With regard to the distribution of the parties` assets, income and debts in a conjugal agreement, the parties have great flexibility. Debt is often considered property in a marital agreement. If there is no marital agreement, creditors can access marital or community ownership to settle a spouse`s debts.
However, the parties may include conditions in their pre-marital agreement in order to limit your liability for the debts of the other. Keep in mind that your state has laws that govern who gets what in case of divorce. With a prenup, you can bypass many of these laws by refusing to know who gets what. While some states prohibit it, other states even allow you to decide whether you have the right to be dependent or not. Check your state`s law or with a family law lawyer to clarify this issue when drafting the marriage agreement. Any party that is unable to participate may be represented by an agent by a proxy executed before a notary. The notary has a duty to be objective and to fully inform the parties about the terms and consequences of the agreement. The notary may be liable for any damage if the agreement is unbalanced or if there is a conflict of interest.