Tuesday, January 15, 2013

Prenuptial agreement protect premarital assets

Why agreement is required
When a couple take the step of living together, whether this is with a view to marriage or long term cohabitation, it is important that steps are taken to protect assets which are being brought into the relationship and to define what will happen to those assets in the unfortunate event that the relationship subsequently breaks down.

Exclude liabilities Pre nuptial agreement will protect all current and future assets. It excludes the liabilities of the parties towards each other and the asset of the parties earned before or after the marriage will remain the sole property of the individual party. If the parties do not prefer to enter into pre nuptial agreement, the assets will be divided on the equal basis.

Implication for Ireland
When determining what awards to make in relation to the division of assets on a judicial separation or a divorce the Irish Courts are bound by the requirement that they make "proper provision for both spouses" out of the assets of the couple. This requirement arises out of the special protection afforded to the institution of marriage by the Irish constition.

Inventory of assets Under the proposed agreement, a couple would complete an inventory of assets each person held before the marriage and agree that in the event of a divorce, each would be entitled to keep those original assets. However, any new assets acquired during the course of the marriage, such as improvements or additions to the farm, would be divided between the couple.

Protects Inheritances Prenups can ensure that any inherited money, property or assets will stay within the family. Protecting an inheritance is the primary reason middle-aged people with children are likely to enter into a prenuptial agreement. prenup can give peace of mind to children or other family members who worry about being effectively disinherited in the event of divorce.

Protects from Spouse's Debt
When divorcing, marital assets are not the only thing that must be divided: marital debt is divided as well. If one spouse incurred substantial debts before or during the marriage--while starting a new business, for example--in some circumstances, it may be unfair to hold the other spouse partially responsible for the repayment of the debt upon divorce. A prenup can determine who shall be responsible for debts incurred before or during the marriage.

Substantial protection and benefits of filing joint marital tax
Although it provides substantial protection for the Prospective Husband and the Prospective Wife’s separate property, it also allows the couple to avail themselves of the benefits of filing joint marital tax returns during the course of the marriage without creating the presumption that income from the respective parties has become marital/community property.

Contents
• Exclude liabilities
• Protection of assets and benefits of tax returns
• Protection from spouse debts
• Protect inheritance
• Inventory of assets

Reason to buy from Net Lawman The premarital agreement from Net Lawman provides you a comprehensive range of agreements that save your time and can be amended accordingly as and when required.

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