No one likes to think about an unpleasant thing such as divorce happening in the future. But planning for these possibilities can eliminate the difficulties and expense of getting through them. Just as drafting a will can make probate easier, a marital agreement can make a dissolution of the marital estate much easier - and potentially less costly.
Prenuptial and postnuptial agreements can address topics such as:
However, it takes a knowledgeable and experienced attorney to draft a marital agreement that will be enforceable in the future, after other unforeseeable events have occurred. Before enforcing such agreements, courts will inquire whether the parties made the agreement knowingly and not under duress. This means that the parties must make full and accurate disclosures of their financial affairs to each other before signing such agreements. Non-disclosure, fraud and coercion are grounds for invalidating marital and pre-marital agreements.
No matter what the status of your marriage is, a knowledgeable and experienced family law attorney can advise you of your options in order to protect your rights and assets, as well as to head off potential marital problems.
We often emphasize to clients that negotiating a marital agreement early on in an engagement or marriage is preferable, because parties are "in love" and more eager to compromise and work together. We encourage couples to think about the future now, in order to avoid problems down the road that can be emotionally and financially draining.
Contact us today to schedule your initial confidential interview.
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