A Change You May Want To Request Before Signing A Prenuptial Agreement
There are times when prenuptial agreements are good to have, but if your soon-to-be-spouse is requesting you to sign one, you should make sure you ask a divorce lawyer to look it over first. There are numerous issues your lawyer will look at when reviewing the document, but one issue he or she may suggest changing involves the house you will live in. While your future spouse does not have to agree to the change you request, it will not hurt to ask. Here are two things to know about this.
What Does It Say About The House?
If you are planning on moving into your future spouse's house, the agreement might state that you will have to move out if he or she dies or if you get divorced. It might also state that you will not be entitled to any of the equity in the home if either of these situations occur. While this is relatively normal, you should still have some rights to stay living in the house. Your lawyer will carefully read the wording relating to this topic before giving you advice.
If the document states that you must move out immediately after one of these events occurs, your lawyer may recommend asking for changes in the wording.
What Changes Should You Request?
The wording relating to you living in his or her house should have several different conditions. The first one relates to a divorce. If your marriage ends up failing, you may want the document to state that you will be allowed to stay living in the house until the court gives you an order to move out. This would be a fair way to handle the living arrangement if a divorce happens.
The wording for you moving out if he or she dies should be different from this. A good request to ask for is a time frame that relates to the length of your marriage. For example, you could ask to have permission to stay living in the house for one year for every year you were married. If your spouse dies after 10 years of marriage, this would give you 10 years to stay living in the house if you chose to.
Signing a prenuptial agreement is not a good idea without seeking advice from a lawyer. Divorce lawyers specialize in creating these agreements, and they can help you determine if you should sign it or ask for changes.