Prenuptial agreements have become much more common in recent years. In the past, prenups were exclusive to wealthy couples to protect their finances in the case of a future divorce. There are various explanations given for why prenups have become so popular. Some say it is because couples are getting married later and thus have acquired more wealth before marriage, while others attribute the influx to the rise of female equality in America. Regardless of the reason, many couples view prenups as a necessity, and it is important to understand what should be included in this kind of legal documentation.

What Can Be Included in My Prenup?

• Properties: There are two types of property that exist in a marriage, separate and marital. Property that is considered separate includes everything acquired before the legal marriage. Marital property is that which is gained during the marriage. Prenups can allow you to deem some property separate and some marital before saying “I do.”

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A Guardian Ad Litem (GAL) is a legally appointed attorney who is assigned by a judge in child custody cases at the request of one parent or the other (or their attorney). The GAL is supposed to act as the legal representative of the child or children. They are in a position to spend time interviewing the parents, children, and other parties involved in the case, and they will then report directly back to the judge.

Should I Request a GAL?

While you may feel that your children will be better off with a GAL involved in your case, you must understand that the GAL is not supposed to act as an advocate for either parent, and they will focus instead on the children’s needs. They are tasked with legally determining the best interests of the child. Even though you and the GAL both have your child’s best interests at heart, there may be many negatives to involving a GAL in your case.

If you are financially unstable, for example, a GAL may see that as a sign that you may have trouble providing for your children. If you report concerns to him or her that are unfounded, then the GAL may see you as overly emotional and/or acting out of anger rather than out of care for your children. The GAL may be focused on pursuing specific information that he or she knows the judge will want to know, rather than listening to the issues that you feel are important.

Talking about prenuptial agreements used to be a taboo topic of conversation - if you loved and trusted each other, why were you planning what you would do during a divorce? Nobody can predict the future and in the case that things do end up going south, you want to make sure that your assets are protected. In recent years, prenuptial agreements have been becoming more and more popular as the average age of marriage has been becoming later. If you are wondering whether or not a prenuptial agreement is right for you, consider these reasons for getting one:

1. You Have Been Married Before

One of the most popular reasons why couples consider prenuptial agreements is because one or both of them has been married previously. Whether you did not come out on top in the divorce the first time around or you have spousal obligations from that marriage, a premarital agreement can contain provisions about support obligations or other assets.

2. You Have Children

Going along with a prior marriage, if you have children coming into a marriage, you should seriously consider a prenuptial agreement. Whether the children were from a previous marriage or from a person other than the person you are marrying, the agreement can contain clauses about child support and what will be left to your children if you die.