Monday 28 May 2012

Legal Statements Of Having A Binding Financial Agreement

It is appealing to call binding financial agreements “pre-nups”, but this ignores a lot of the impression. Binding financial agreements may appear at any time before, during and even after a marriage has ended. In essence, these explain the process of what happens upon divorce such as how assets are to be partioned and whether, and how much, routine maintenance will be offered. Why Should I Want a Binding Financial Agreement? That’s a good question. After all, you two love each other and it’s “till death do us part.” Acquiring a financial agreement may thus be viewed as tempting fate. And, unless you’ve just landed the prime role in the latest blockbuster movie or won the lottery, you may believe it isn’t well worth the trouble.

But binding financial agreements can cover any kind of asset, contingency or consequence you can think of. They can detail preservation, separation of assets (whether obtained before or throughout the marriage), how the children (if any) are to be taken care of. As a result, these are ideal for preserving any asset that has expressive value for you, regardless of whether it is also monetarily useful. They can as a result be used to protect your grandmother’s priceless china collection that she bequeathed you.

Binding financial agreements for that reason provide comparable guarantee in the unlucky event that your relationship does stop working. Without a financial agreement, if you do end up in court, your decision will be based on what the judge believes to be appropriate, just and fair in the circumstances, not how you decide. The effects of this process are unknown until a choice is created, and even then it may be appealed, resulting in a slow process. However, a binding financial agreement offers certainty beforehand. Further, since it is an agreement, the parties don't have to get equivalent shares of the assets, although may certainly decide to do so.

Divorces and separations are agonizing enough already. Emotions are usually high. Adding uncertainty and lawsuits to the mix does not suggest a good outcome for either person. Thus, a financial agreement should resolve many of these problems.

 As the agreement is binding, you don’t have to show up before a court. In reality, they prevent either party from applying to the Family Court over assets or dealings that the financial agreement covers. This reduces all the related legal costs that are often included in protracted divorces. Ultimately, this implies more assets for both of you pursuing the divorce. Since you don’t have to appear before court, this also means you don’t have to make financial reports to the court. Essentially, they are types of legal and financial insurance in the worst case scenario.



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