Pre-nuptial Agreements
We have posted before on our thoughts regarding pre-nups. But not everyone thinks the same way we do or has the same financial situation as we had when we were married. If you are going to (or need to) take the route of getting a pre-nuptial agreement there are some very important things to consider.We consulted our dear friend and lawyer Alex Stojicevic** who gave us some advice on this issue. When I asked him if a do-it-yourself pre-nup is advisable (perhaps using something like a Self Counsel kit) he was adamant. He stated that, "you MUST have a lawyer do a prenup." He went on further to say that using a do-it-yourself kit will provide a good review of the issues so that you can focus the laywer on the specifics of your situation, but "the reality is you need to have actual legal advice for the contract to be valid anyway."
If your financial situation is such that you are in need of a prenuptial agreement you (and your partner) might consider discussing the matter with your financial advisors to go over money matters. However, keep in mind that financial planners usually have no training in the area of writing prenuptial agreements, nor do they carry any liability insurance in this area.
When I asked Alex the best way to find a lawyer if a person doesn't have one, he noted that there are good family lawyers everywhere. If you are in need of legal cousel, for whatever reason, contact your local branch of the Canadian Bar Association, the American Bar Association - or whichever is appropriate for you in your country. They will have a referral service which will find you a family lawyer in your area.
So much planning and preparation goes into joining two lives. There is no doubt that when dealing with sensitive issues, such as money and finance, there is the potential for conflict and disagreement. Please remember the love and respect you have for your partner when working through some of the more sensitive details of getting married.
Happy Couples, Happy Planet!
** Alex Stojicevic is the managing partner of Maynard Kischer Stojicevic in Vancouver BC. He is a legal wizard extrodinaire who specializes in immigration and citizenship. He is happily married to the beautiful and amazing Einat and has gorgeous twin daughters, Sophie and Hannah.
posted by Heather and Dan @ 6:06 AM
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