8 Reasons Why You Should Get A Prenuptial Agreement

I have discovered a new blog dealing exclusively with prenuptial agreements at PrenuptialAgreements.org. Great content! Here is the author’s explanation of reasons to have a prenuptial agreement:


A prenuptial agreement is an agreement between two people that deals with the financial consequences of their marriage ending.

All marrying couples have a "prenuptial agreement" – it is known as "divorce law." However, a lot of people are unhappy with the way divorce law works, and prefer to take control of their lives, rather than leave it in the hands of the government. In these cases, it makes a lot of sense to get a customized prenup.

Getting a prenuptial agreement is particularly important in these 8 cases:

1. You are much wealthier than your partner. A prenuptial agreement can ensure that your partner is marrying you for who you are, and not for your money.

2. You earn much more than your partner. A prenuptial agreement can be used in many states to limit the amount of alimony that is payable.

3. You are remarrying. When you remarry, your legal and financial concerns are often very different than in your first marriage. You may have children from a previous marriage, support obligations, and own a home or other significant assets. A prenuptial agreement can ensure that when you pass away, your assets are distributed according to your wishes, and that neither your first family, nor your new family are cut off.

4. Your partner has a high debt load. If you are marrying someone with a significant debt load, and don’t want to be responsible for these debts if your marriage ends, then a prenuptial agreement can help ensure that this does not happen.

5. You own part of a business. Without a prenuptial agreement, when your marriage ends, your spouse could end up owning a share of your business. Your business partners may not want this to happen. A prenup can ensure that your spouse does not become an unwanted partner in your business.

6. To prevent your spouse from overturning your estate plan. A prenuptial agreement can ensure that you estate plan works, and, for instance, ensure that a specific heirloom remains in your family.

7. You are much poorer than your partner. Just as a prenuptial agreement can be used to protect a spouse who is well off, a prenup can also be used to ensure that the partner who is weaker financially is protected.

8. If you plan to quit your job to raise children. Quitting your job will negatively impact your income and your wealth. A prenuptial agreement can ensure that the financial burden of raising the children is shared fairly by both partners.

SOURCE: PrenuptialAgreements.org

FREQUENTLY ASKED QUESTIONS ABOUT PATERNITY

WHAT IS PATERNITY?

Paternity means fatherhood, the quality or state of being a father.


WHAT IS A PATERNITY TEST?

A Paternity Test is a DNA (Deoxyribonucleic Acid) or genetic test that determines whether a given man could be the biological father of a child.


ON WHAT GROUNDS CAN I RECEIVE A PATERNITY TEST?

Paternity test are not just used to determine whether an individual is the biological father of a child. A Paternity test is useful in many situations, including:

  • Assisting women seeking child support from a man who denies he is a child s biological father.
  • Helping men attempting to win custody or visitation rights.
  • Providing peace of mind for men wishing to confirm paternity.
  • Establishing proof of heritage for an adopted child seeking their biological parents.
  • Determining grand parentage, inheritance rights, insurance claims or Social Security benefits.
  • Assisting in immigration cases on the grounds an individual is a biological relative of a citizen.
  • Establishing Native American Tribal Rights.
  • Determining rightful heirs by DNA profiling for estate purpose.
  • Providing conclusive evidence of sisterhood or brotherhood for siblings separated for long periods of time.

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QUESTIONS AND ANSWERS ABOUT LEGITIMATIONS

WHAT IS A "LEGITIMATION"?

Legitimation is a legal action which is the only way, other than by marrying the mother of a child, that the biological father of a child born in the State of Georgia may establish legal rights to his child.


WHO MAY FILE FOR LEGITIMATION?

Only the biological father of a child may file a petition seeking to legitimate his child.


WHAT IS THE LEGAL EFFECT OF A LEGITIMATION?

An order of legitimation creates a father and child relationship legally between the petitioner and his child. An order of legitimation establishes that the child may inherit from his legal father and vice versa. An order of legitimation allows the legal father to be listed on the child’s birth certificate as such. An order of legitimation is the only way that the father of a child born out of wedlock can be recognized as the legal father of a child and therefore can petition for custody and/or visitation with this child.

If you are already listed on the child’s birth certificate as the father, but you and the child’s mother were not married to each other, you must still file a petition with the court to legitimate your child.

Effective July 1, 2005, requests for custody and/or visitation may be included in your petition for legitimation.


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Frequently Asked Questions About Common Law Marriage

WHAT IS A COMMON LAW MARRIAGE?

A Common Law Marriage simply means that the marriage was established without benefit of a license and ceremony.


HOW ARE COMMON LAW MARRIAGES ESTABLISHED?

Although the definition may vary from state to state, the common features of a common law marriage are:

  • Cohabitation – the parties lived together.
  • Consent – the parties intended to hold themselves out as husband and wife.
  • Holding out- the parties "held themselves out" to the world as husband and wife (i.e. The parties spoke of each other as "my husband" or "my wife").
  • Neither party was married to someone else.

DO WE HAVE TO LIVE TOGETHER FOR A CERTAIN PERIOD OF TIME TO BE "COMMON LAW MARRIED"?

In most states that recognize common law marriages, there are no time requirements for living together.

In most states that recognize common law marriages, there are no time requirements for living together. The controlling issue is not time together, but the intentions of the parties.


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How Courts Work In Civil Cases

A civil court case begins with filing a legal action at the office of Clerk of the Court.

Filing means giving legal papers to the Clerk of the Court.  The papers become a part of the case.

People usually get a lawyer to do their court work for them.  However, each one of us has the right to do our own court work.  Only a lawyer is allowed to represent (do court work for) others.  Doing your own court work is called pro se (pronounced:  pro say) representation.

Taking a problem to court begins with writing a court paper called a complaint or petition. 

The complaint/petition tells the court about your case.  The complaint usually tells:

1. Who the person is that you are going to court against.  This person is called the defendant or respondent;

2. What the defendant/respondent did that brings you to court with a legal action;

3. The law that gives you a right to take legal action against the defendant/respondent;

4. What you want the court to do.  This is usually called the prayer or request for relief.

The following steps are what may happen in a court case: 

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