Saturday, July 9, 2011

Is a PreNuptial Agreement Right for You?

We all love weddings and seeing someone happily married, and always wish for the continuation of their wedded bliss. However, sometimes, situations arise that require us to protect ourselves in the face of unforseeable changes in our circumstances. Having a pre-marital agreement can be a lot like having life insurance, not something you ever want to use, and yet great to have as a safety-net should you ever need it.

If you are entering into a marriage later in life, or are entering into a marriage with a great deal of financial assets, intellectual or real property, a prenuptial agreement might be something you need to seriously consider.

In entering into this kind of agreement, you are not saying that you are planning to get a divorce, or that you have no trust for your spouse-to-be, you are saying that you are both mature individuals, who have worked hard all your life and are reaping the rewards for a life well lived; that you are both smart enough to realize that unexpected things do happen, and you take precautions to take care of yourselves, even while providing for the happiness and security of one another.

Too many people see a prenuptial agreement as a one-sided contact where the person who wants to create the document will be reaping unfair rewards should the marriage come to an end. This is simply not the case. In most prenuptial documents, both parties interests are represented and preserved, so that no one has an unfair advantage. These documents can even be drafted in plain and simple language, between two people who love one another, and plan on spending their lives together, while accepting that the unexpected is also a fact of life.

If you are planning to get married and one or both of you has substantial assets to bring to the union, consider the consultation of a legal representative who can help you find the best way to preserve your interests and provide for the security of your loved one.

Friday, July 1, 2011

If You Are Getting a Divorce, Get Off Your Social Networks

It has been in the news over and over, people who have had information taken from their conversations on social networks, and used against them in everything from divorce hearings to criminal proceedings. Your social musings on the Internet are public, and are therefore not privileged information. That means that they can be used as evidence against you in a court of law. Something to keep in mind if you are embroiled in any kind of legal dispute or charge.

The simple way to eliminate the possibility of someone using your personal conversations against you, is not to have them online, or through email for that matter. If they are truly personal and private, then they should be had between you and the other person involved only. Otherwise, mum's the word.

Keeping a tight rein on your anger will help. If you are in a place where you can at least realize how damaging a rant on Facebook might be to your divorce or criminal hearing, you'll be much more cautious about what you say about it, and to whom.

And as unfortunate as it is, if you cannot keep yourself from sharing things online, stay off the computer. When you do find yourself ready to re-enter the online world, remember that it is not only okay, but actually a very wise and healthy decision to remove your now ex-spouse or accomplices from your friends. Once the case is settled or decided, keep your conversations about the situation to a minimum, and even then, only in private conversations, never in a public forum.

Our new networking abilities are a great tool, and wonderful addition to the online experience. We simply need to remember to keep them in perspective and use them wisely.

Telling Others How to Care for You If You Become Ill

There are two documents that are required by statutory law in order to allow your loved ones to institute your preferences in situations where you are seriously ill, or cannot make decisions for your own care. They are a Living Will, and a Durable Power of Attorney for Health Care.

In the creation of a Living Will, you are writing out your instructions to your loved ones for how you would like to be treated in the event you are unable to vocalize your wishes yourself. This document may address things like critical care and illnesses, what to do in the event of serious accident or injury concerning life support and feeding, and in some cases, your burial instructions in the event of your death.

Some people believe that burial instructions are best left in your Last Will and Testament, however, by the time this document is read, the arrangements have typically not only been made, but are completed. Having a complete Living Will gives your family a clear and concise plan for all of your wishes in terms of health care, death and burial.

The second document, a Durable Power of Attorney for Health Care deals strictly with granting the permission necessary to carry out the wishes in your Living Will; though you may also include your specific wishes in this document as well. The main purpose of this document however, is to appoint a specific person, whom you can trust, to the position of your health care trustee, or the person who will make your health care decisions for you when you are not able to do so.

Both of these documents can be drawn up for you at the office of your attorney, and it is generally a very good idea to discuss their creation with your personal attorney prior to activating them. They may of course, be revoked in writing by you at any time.