PRACTICE AREAS & SERVICES

PRENUPTIAL & POSTNUPTIAL AGREEMENTS

Are you getting married and thinking about preserving the assets you have already accumulated? Do you already own a home or a business? Or perhaps expect an inheritance in the future? A Prenuptial Agreement might be the solution for you. A Prenuptial Agreement is a contract entered into before a marriage that defines what happens upon the end of the marriage by either death or divorce. Or perhaps you are already married and would like to define what happens with your assets on death or divorce? You might consider a Postnuptial Agreement which is similar to a Prenuptial Agreement but is done after the marriage.

In order to be enforceable a Prenuptial Agreement must be fair and reasonable. There must be full disclosure of all finances, assets and liabilities. Each party must be advised of their rights on death or divorce and must willingly enter into the agreement. This legal advice is very important because you could be giving up significant rights that could impact you, your lifestyle and your ability to support yourself after a divorce or death of your spouse. It cannot be done in haste or on the eve of the wedding. At the time of enforcement, the agreement is also subject to a second look and cannot be unconscionable. The standard for enforceability of Postnuptial Agreements is even higher. Great care must be taken in drafting both Prenuptial and Postnuptial Agreements.

Susan has significant experience drafting, negotiating and reviewing Prenuptial and Postnuptial Agreements. She can represent you and help you negotiate terms that make sense for you. Or she could serve as a mediator and facilitate the couple’s negotiation of the terms. Using one of these methods Susan can assist you in drafting and negotiating these terms in a civil and respectful manner. This will allow you to get back to planning your wedding and turn your focus back to your bright future.

Learn more about our other Practice Areas & Services:

Mediation
Online Divorce Mediation
Collaborative Law
Divorce
Parenting & Children