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GETTING MARRIED AND BEING WISE
by: Jinky C. Mesias
Pre-nuptial agreement is the fad of today’s marrying generation. Pre-nuptial or pre-marital agreement is entered into by couples to refrain from future property problems that would arise from separation, annulment or divorce. And also, couples who tend to enter into a prenuptial agreement would want to make sure that their assets remain theirs if ever their marriage fails as well as to make sure that their properties would go to their children in the event of their death. Prenuptial or pre-marital agreement is a smart and practical way of accepting the fact that most marriages often times fails and end in separation or divorce.

The pre-marital or pre-nuptial agreement is a binding legal contract between the couple who are soon to marry. In fact in most states prenuptial agreement is well favored and encouraged nonetheless there are various facts as well as circumstances that should be taken in consideration by a couple in contracting a prenuptial agreement.

In order for a prenuptial agreement to be valid, couples have to make full and comprehensive written disclosure of their individual assets and liabilities. They also have to make sure that the terms and conditions of the prenuptial agreement are reasonable and fair for the couples at any given circumstances. The couples should have ample time to review the proposed prenuptial agreement with their individual legal counsel to guide them. Although prenuptial agreement can be done without the presence of a counsel however for the couple’s peace of mind it is still much preferred to have their own counsel. With regards to the form to be used there are no standard pattern the couples can simply state in their prenuptial agreement all the terms and conditions they deem appropriate to protect each of their assets and rights. Also, couples who contracted prenuptial agreement are also advised not to commingle their separate properties with those of the marital properties. They should preserve the separateness of their properties and if ever they sold a separate property they ought to deposit the proceeds of the sale into a separate account under their own name. However, if there comes a time when the couple make use of their separate money for a common purpose the money will changed from separate to marital property.

The cost of contracting a prenuptial agreement is much lower compared to the cost of getting the court to decide on your assets if ever the marriage fails. Prenuptial agreement prevents future fights over assets.







About the author:
Jinky C. Mesias is a graduate of Bachelor of Arts and Sciences in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.

For suggestions and comments kindly visit Los Angeles Attorney Legal Services


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 Seven Sets of Documents You Need For Your Divorce
 by: Scott Morgan

This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents

Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records

The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records

Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements

Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents

The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts

You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence

Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion

Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.


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