Pre-Nuptial Agreements

Pre-nuptial agreements allow a couple to agree, prior to marriage, how property and debts should be divided in the event of divorce or death of one spouse and how pre-marriage property and debts that each party had prior to marriage should be treated during the marriage. These agreements can also establish the couples’ financial responsibilities to each other during the marriage and alimony payments upon divorce as well as the applicable state law and forum for any future dispute. A pre-nuptial agreement can also cover financial support for children from prior relationships. They can include a “sunset” clause where the agreement expires after a specific time married.

Pre-nuptial agreements assist a couple in establishing what their expectations are for their union and help them to prepare emotionally and financially for their marriage in that they define future obligations to ensure their future stability and prosperity. They allow the parties to a marriage to discuss complete disclosure of property, debts, and liabilities such as health and life insurance. They assist in financial planning and can also be appropriate as an estate planning tool and address expectations regarding earned income. They may protect inheritance rights or those of children from previous relationships.

Our team understands how to negotiate complete disclosure of all financial information and the couples’ wishes and integrate them in a properly detailed and unambiguous agreement that is legally sound. We are skilled in valuating complex financial structures including real estate, stocks and bonds, pensions and deferred compensation packages, investment earnings, professional practices and licenses, and advanced degrees. We can also assist in mediation or the collaborative process (see Resolutions) to obtain agreed terms that are fair. However, if a party breaches the agreement, we will aggressively and effectively pursue enforcement.

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