People often use pre-nuptial agreements to protect their assets, but you should also think about this important legal document can do for you. Another way that you can use a pre-nuptial agreement is to protect yourself from debt. If you'll soon be marrying someone and don't want to absorb the debt that he or she currently has or that he or she may accrue during your marriage, a pre-nuptial agreement is critical. Any family law attorney can help you with this document so that you'll feel comfortable financially before you get married. Here are three scenarios in which a debt protection caveat in your agreement is especially warranted.
Your Future Spouse Has Significant Debt Now
It's possible that your future spouse has a significant amount of debt right now. Different couples take different approaches to situations of this nature. For example, once you get married, you might seek to help your spouse by assisting with paying down the debt. You won't, however, want to get saddled with even a percentage of the debt in the event of a divorce. You don't know how long your partner will have this debt or how long your marriage will last, so a pre-nuptial agreement that protects you from this existing debt is important.
Your Future Spouse Has Had Past Debt Issues
It's possible that your future spouse has no financial problems at the moment, but you may be aware that he or she once had trouble with debts. For example, perhaps your partner had significant debts and struggled to pay them for years, but was finally able to pay them off only because of an inheritance. You might feel a little worried about your future spouse's ability to manage money — if he or she got into debt problems in the past, you might worry that this is possible again, and you don't want to get saddled with the debt in the event of a divorce.
Your Future Spouse Is A Spender
It's often evident when someone is a big spender. He or she may constantly have a newer car, always have new outfits, and spend money on frequent trips. Being a big spender is fine if you have the budget, but not everyone does — and these habits can eventually catch up. If your future spouse shows the clear signs of being a big spender, you might be leery about him or her getting into debt in the future. With a correctly worded pre-nuptial agreement, you won't have to worry about taking on the debt.
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