Prenuptial and Postnuptial Agreements
Many people today are getting married later in life. This has allowed them to accumulate assets and in some cases debts prior to getting married. So many are choosing to enter into pre-nuptial or, after the marriage, post-nuptial agreements to protect themselves. Prior to marriage or after your married, you and your spouse can contract away your right to spousal support, determine child custody, divide or assign assets or debts in the event of a divorce. So, if you own property before the marriage or have been divorced before, you should consider a pre-nuptial agreement. If you spouse has presented you with a pre-nuptial agreement, you should definitely obtain your own counsel. Good counsel will explain the agreement and point out potential pitfalls.
The Graydon Family Law team has the experience and support to make a difference in your journey. You have the right to feel secure and safe as you move through life and marriage. You owe it to yourself and your spouse to be fully prepared. We will utilize the many resources and different practice groups here at Graydon to assure that your agreement is the best it can be.
Generally, you can include any clauses or provisions about anything that you and your spouse can agree upon. However, the courts are very careful about enforcing agreements involving children and make sure the children’s best interest is being served. Agreements can include provisions for dividing your assets, protecting a family business, sharing of debts, costs of divorce, spousal support and children issues, i.e. custody, support and school issues.
There are strict requirements for pre-nuptial and post-nuptial agreements to be enforceable. Generally, the agreement must be entered into with no duress or coercion, must have full disclosure of all financial issues from both parties, must be entered into knowingly by both parties, and cannot be “unconscionable”. It is never a good idea to wait to the last minute to prepare a pre-nuptial agreement. A better practice is at least six months prior to the wedding date.
The Graydon Family Law team is made up of highly skilled professionals ready to guide you through this very difficult and emotional process.