There are hundreds of thousands of weddings every year. Unfortunately, nearly 50% of marriages end in divorce over the last several decades. Although there are several reasons for this, most people are unprepared for divorce–only 5% of couples get a prenuptial agreement.

Prenups have a stigma about them that they’re only for the wealthy or that it’s planning to fail, but that isn’t the case. Here’s everything you need to know about prenuptial agreements.

What’s a Prenuptial Agreement?

A prenuptial agreement, “prenups” for short, is a contract between the couple that details how finances and property will split should there be a divorce.

The couple creates this document before getting married to outline what belongs to them in the event of divorce. In other words, this contract protects both parties involved.

A prenup can expedite the divorce process, but a prenuptial agreement is for more than divorce–it helps a spouse know what to do should their spouse die.

Who Should Get a Prenup?

As previously mentioned, there’s a stigma about prenups that they’re only for the wealthy. In reality, they’re excellent documents for everyone, especially those with a lot of property, assets, and businesses.

Although most people can and should get a prenup, here are some descriptions of individuals who should get a prenuptial agreement.

Those Who Own Businesses

A prenup can protect your business during a divorce if you have a business before getting married.

In the prenuptial agreement, you can outline stipulations protecting the businesses from becoming the other spouse’s property. This protection level is beneficial when newlyweds have successful businesses on their own and want to keep them separated.

Those with Children from Other Marriages

Whether or not both spouses have children from previous marriages, it’s essential to consider and create a prenup if at least one person has a child.

If this description fits your situation, a prenup ensures your child receives their proper inheritance when you pass away.

If you pass away without a prenup in your new marriage and your spouse is alive, your assets, property, and inheritance will likely go to your spouse first, leaving your child(ren) with less than expected.

When One Spouse is Wealthier

A prenuptial agreement protects the assets of a wealthier fiancè. Should divorce happen in the future, a prenup protects the wealthier fiancè by ensuring they don’t lose their financial stability.

Additionally, a prenup with a wealthy fiancè ensures the couple isn’t marrying for money.

When One Spouse Accrued Debt Before Marriage

Even though spouses love each other, they keep some things secret–like massive amounts of debt. If you don’t sign a prenup before marriage, your spouse’s debt becomes yours.

A prenup can protect you from financial surprises and ensure you’re not responsible should your spouse die. Additionally, this contract can help curb your spouse’s spending habits if they know they’re responsible for the debt regardless of their marriage.

Conclusion

Prenuptial agreements are contracts that help you and your spouse establish financial boundaries in the event of divorce or untimely death.

Prenups are excellent options for people who own businesses, have children from other marriages, are wealthy, or have a fiancè with a lot of debt.

Estate planning is not only for the wealthy–it’s beneficial for all people, regardless of your estate’s size. With proper estate planning, you can save survivors time and stress after you pass by having your property and items organized and settled.

However, the internet is filled with advice columns on which documents you need and how to prepare them–it’s a little overwhelming.

At Hickey and Hull, we strive to make this process as simple and painless as possible. We’ve created this concise list of necessary estate planning documents to detail which ones you need and why they’re essential.

Start With a Will

A will is one of the most important documents you can ever create for yourself. A will protects your assets and helps your survivors after you’ve passed.

We strongly recommend that everyone creates a will once they turn 18. Even though some people may argue they don’t have enough money to justify a will, all it takes is having a few possessions, children, and pets to include in a will.

The best part about a will is that with the right team of attorneys helping you along the way, you can regularly update beneficiary designations to reflect your assets accurately.

Develop a Basic Trust

Trusts are excellent for helping you in times of need. Having immediate access to funds in a living trust can help you battle medical bills before they pile up and financially suffocate you.

When you pass, the funds in a trust don’t go through probate court, which simplifies the process for the executor.

Incur the Power of Attorney

Power of attorney is essential for someone to develop a will and trust. In the event you are incapacitated and can’t speak for yourself, you need someone you trust to speak for you who will carry out your wishes.

Work with attorneys to properly file the documents to ensure your chosen individual receives their power of attorney rights if necessary.

This step is more precautionary than anything, but it’s crucial to building a thorough estate plan.

Implement a Living Will

A living will is one of the final documents we recommend for all clients. Contrary to a will and trust, a living will states your wishes for medical professionals and the decisions they make should you be unable to voice your thoughts and wishes.

A living will is essential because it takes the stress and worries off your family members and loved ones. After all, you’ve already made the decision ahead of time.

Establish Durable Healthcare Power of Attorney

Although a living will is helpful for medical professionals, you need a healthcare power of attorney to speak on your behalf for matters not addressed in your living will.

A durable healthcare power of attorney is similar to a regular power of attorney, except they only focus on your medical needs and can make the tough calls.

Conclusion

Estate planning is arduous because it forces you to think about the end of your life, which isn’t pleasant. But this necessary planning is helpful for your loved ones when you pass because they can focus on mourning rather than legal paperwork. Contact Hickey and Hull Law Partners today to start the process of establishing your estate plan.

Although it was widely practiced and held as the standard for all civil and criminal trials for centuries, the presumption of innocence isn’t in the Consitution. Through various legislations and rulings, like the U.S. Supreme Court’s decision in the Taylor vs. Kentucky case in 1978, the courts made it an essential requirement for a fair trial in the criminal justice system that holds to this day.

The presumption of innocence is essential to today’s justice system and proves its worth in all court cases.

What Is the Presumption of Innocence?

The presumption of innocence is as well-known as the phrase “pleading the fifth” because of its common use in television, movies, and everyday conversations.

The presumption of innocence is the legal term in criminal law for innocent until proven guilty, which means that a defendant is innocent of all crimes and misdemeanors unless the prosecution can prove the defendant is liable for each aspect of the crime.

The defendant is guilty in a criminal case if the prosecution can prove guilt and convince the jury beyond a reasonable doubt.

However, the defendant is innocent if there remains even a sliver of doubt.

Why Is This Policy Important?

When a person is innocent until proven guilty, the courts pressure the prosecution to make the case of guilt rather than having the defendant prove innocence.

This policy is vital because it protects the defendant, allows the defendant to remain silent, and reduces forced confessions and legal intimidation.

#1: This Policy Protects the Defendant

When someone brings a defendant to court, the prosecution’s job is to prove they’re guilty of the accused crimes. The presumption of innocence protects the defendant from having to prove his innocence.

If someone had to prove their innocence, the prosecution could abuse their power and position by accusing the defendant of excessive crimes that aren’t refutable due to lack of evidence. Therefore, presumed innocence protects a defendant from fighting an uphill battle.

#2: The Presumption of Innocence Policy Allows the Defendant to Remain Silent

Similar to the previous reason, the defendant is protected to the extent that he doesn’t need to speak, bring witnesses, or provide a rebuttal to the charges.

And if the defendant’s team remains silent the entire case, their silence isn’t to be used against them, meaning that the courts and jury can’t implicate guilt based on silence.

#3: Presumed Innocence Prevents Forced Confessions

Legal intimidation is an abuse of power, and if a defendant had to prove their innocence, they would more than likely succumb to legal pressures and give a forced confession.

A forced confession doesn’t help anyone and convicts the wrong person of a crime.

When a defendant is presumed innocent, they’re protected from the pressure of the prosecution to admit guilt because the burden of proof relies solely on the prosecution.

Conclusion

Innocence until proven guilty is a proven method of protecting defendants and ensuring the prosecution convicts the right person.

Although the presumption of innocence isn’t explicitly stated in the Constitution, it’s touched on in the Bill of Rights and fourteenth amendment, making it lawful and essential to the current justice system.

There are 26 different types of lawyers that help civilians in all kinds of situations. Most people are familiar with divorce, family, and estate planning lawyers. However, some practices are lesser-known and offer essential services to many people.

Not only do few people know about public interest law, but very few lawyers enter into this practice.

Public interest law is necessary for many people and often requires in-depth litigation and representation in court for civil and criminal matters.

What is Public Interest Law?

The definition of public interest law is extensive and non-specific because there are so many aspects to it that one specific definition wouldn't do the field justice.

Public interest law, also known as public service law, focuses on those living in poverty or marginalized individuals who need representation for their well-being, rights as citizens, health, or finances.

In other words, public interest law focuses on those who have severe needs and cannot fully compensate a lawyer.

This field is necessary as it ensures all citizens have representation in court. Public service law covers criminal and civil charges because it focuses on those who are in need and often can't afford a lawyer.

How Can Public Interest Lawyers Help You?

Public interest law isn't the most common field for lawyers for many reasons, professionally and personally.

This field is emotionally challenging and requires the lawyer to be willing to make less money than average. Since these lawyers represent those in poverty or marginalized groups, most public service lawyers don't make as much money as other types of lawyers.

In this field, these lawyers conquer all areas of law to represent their clients and win their cases. Since public interest lawyers focus on the individual instead of the specific field, their skills are extensive and knowledgeable about various practices.

Public interest lawyers can help you with:

· Litigations

· Social work

· Community policies

· State legislation

· Civil rights matters regarding race, ethnicity, sexual orientation

· Disabled person's rights

· Abuse (sexual, physical, emotional)

· Homelessness

· Eviction

· Environmental issues

· And many more!

A public interest lawyer's wide skill range is helpful for many clients with needs in various fields.

But most importantly, these types of lawyers offer legal representation at a discounted rate. Offering discounted rates prevent clients from acting on "Pro Se" self-representation in court, which can lead to more problems in the future since most individuals are unaware of what's involved in the legal process.

Conclusion

Public interest law addresses a great need in the community as it works to serve those who are traditionally underrepresented. For those in poverty or marginalized groups, a public service lawyer can help you fight in criminal and civil courts regarding your rights as a citizen and your health, finances, and well-being.

The school year just ended, and your kids are home all day. You have some exciting plans for the summer, including summer camps, day trips, and a big vacation. Your kids are ecstatic and can’t wait for all the fun.

You share your summer schedule with your ex-spouse, and you find out they have similar plans that interfere with your ideas.

Parental alienation is a problematic consequence of divorce. Although it's illegal and doesn't always happen, some parents will alienate their ex by "brainwashing" their child.

Have you heard that your ex-spouse talks bad about you? Are you concerned they are telling your child(ren) horrible things about your relationship? Do you feel your relationship with your child is slipping away?

In 51% of custody cases, the courts and parents select the mother to have custody. And while this is the majority of cases, 49% of fathers win custody.

Over time, people change and go their separate ways. However, change and separation are much more complex once you're married and often lead to divorce and frustration.