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Divorce
Do men and women marry for money? Of course not.
Before the "I DO'S"
Prenuptial Agreement. It does put a different spin on things, but they are very common
today. We are taught that to be happy in this lifetime, we must get married. This is echoed
from the pulpits to the financial advisers. And more often than not, marriages are created
out of necessity. Prenuptial Agreements are especially important to those who own
businesses, have been married before or have a diversified family structure. People use
these agreements to
1) Protect family assets
2) Creating estate plans
3) Define marital or community property
4) Reduce conflicts and save money in the event of divorce.
Prenuptial Agreements do not guarantee they will not be challenged by an unhappy spouse
or struck down in court. But it can go a long way toward making sure there's marital bliss in
the short term.
1) Full Disclosure. Each person prepares financial statements that includes all assets and
liabilities, annual gross income, interests in family trusts, and even potential inheritances.
2) Fairness. Agreements should be fair. Courts will strike down agreements that favor one
spouse over the other.
3) Sign Contract. Put it in writing. A prenuptial agreement is a written contract signed by the
two prospective spouses and witnessed by a notary.
4) Validity Clause. The agreement should contain a clause stating that if any provision of
the agreement is invalidated, the rest of the agreement remains valid.
5) Maintenance. Specific information about the amount of alimony a divorced spouse may
receive from his or her wealthier counterpart.
6) Contract Review. Each person should hire a lawyer to review the agreement.
Before the "I DONT'S"
Corporation. Corporations must be in place a minimum of a year before the courts will
consider them valid and not declared as void it to Fraudulent Conveyance. Fraudulent
Conveyance means that a transfer of property without any consideration of value, for the
purpose of delaying or hindering creditors.
For Corporations in Nevada or Wyoming it will be important to keep as private as possible.
1) Nominee EIN Service
2) Nominee Manager/Director Service
3) Registered Agent service
New Mexico does not require to list managers in the LLC, so to keep private you should also
consider
1) Nominee EIN
2) Registered Agent Service.
Community property states divide the assets that were accumulated during the marriage.
Don't try to hide these assets. To be safe, do what is right. If you are able to keep your
marriage together for a year for a corporation, you may be able to keep your marriage
together for other reasons as well.