Family Law
Premarital and Post-Marital Agreements
Pre-marital and post-marital agreements, also known as prenuptial and postnuptial agreements, are legal contracts between two people who are planning to marry or are already married. These agreements outline the division of assets and liabilities in the event of a divorce, separation, or death.
The skilled attorneys at DiFiore, Levin and Brittenburg, LLC, will draft and review premarital and post-marital agreements to protect your rights and assets.
Why Consider a Pre-Marital or Post-Marital Agreement?
There are several reasons why couples may choose to enter into a pre-marital or post-marital agreement:
- Protecting Assets: If one partner brings significant assets into the marriage, such as a family business or inheritance, a pre-marital agreement can help protect those assets.
- Blending Families: When couples with children from previous relationships marry, a pre-marital or post-marital agreement can help address issues like child support, custody, and inheritance.
- Equalizing Finances: If there is a significant disparity in income or wealth between the partners, an agreement can help ensure a fair division of assets.
- Avoiding Contentious Divorces: By addressing potential issues upfront, couples can reduce the likelihood of a lengthy and costly divorce battle.
Key Considerations for Pre-Marital and Post-Marital Agreements
When creating a pre-marital or post-marital agreement, it’s essential to consider the following:
- Full Disclosure: Both parties must fully disclose their financial assets and liabilities.
- Fairness: The agreement should be fair and equitable to both parties.
- Legality: The agreement must comply with all applicable laws and regulations.
- Clarity and Specificity: The terms of the agreement should be clear, concise, and specific.
- Professional Legal Advice: It’s crucial to consult with an experienced family law attorney to ensure the agreement is legally sound and protects your interests.
Common Provisions in Pre-Marital and Post-Marital Agreements
- Division of Property: How assets and debts will be divided in the event of a divorce or separation.
- Separate Property: Which separate assets or inheritances should not be divided in the event in divorce or separation.
- Spousal Support: Whether and how much spousal support will be paid.
- Dispute Resolution: How disputes will be resolved, such as through mediation or arbitration.
