Can a family law lawyer provide guidance on creating prenuptial or postnuptial agreements?

Getting married is an exciting time in the life of any couple, but it’s also a vital moment to ensure that you and your spouse are on the same page about sharing your assets. Many people believe that a prenuptial (prenup) or postnuptial agreement, created to formally detail how assets will be distributed should the marriage end, will prevent future litigation over property division and help to minimize financial stress. Our attorneys are knowledgeable in creating these agreements that will meet the needs of each client. 

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Prenuptial & Postnuptial Agreement Lawyers Can Provide Guidance:

Divorce is an unfortunate reality, and it occurs more frequently than many people realize. Unfortunately, a marriage’s dissolution can be highly contentious and lead to significant financial hardships. Even if you’re the beneficiary of a substantial inheritance or have significantly more money than your future spouse, having a prenup can be beneficial for many reasons, including ensuring that you’ll retain ownership of your wealth and protecting your financial interests in the event of a divorce. 

In addition to being enforceable, an effective prenup can also save you and your spouse the cost of expensive and time-consuming litigation. Often, a well-drafted and executed prenup will provide you with an alternative to contested financial remedy proceedings, which can be both expensive and time-consuming to resolve. 

A prenup can be overturned if it’s found to be entered into under duress, misrepresentation, or fraud. Additionally, courts will analyze whether or not both parties were properly advised of the contents of the agreement and given the opportunity to have their own attorney. In cases where a judge feels that the terms of a prenuptial are unfair, it may be declared invalid and not binding. 

While the drafting of a prenup or postnup is a good idea for many couples, it can be difficult to determine what provisions are fair and equitable. A knowledgeable lawyer can assist you in determining how your assets will be divided and can help to prevent disputes during the marriage or in the event of a divorce. Our firm can meet with you and your spouse to discuss your needs and create a document that will comply with state law. We can also review your current assets and income to make sure the document is accurate and fair for both of you. We can also provide guidance on how your current and anticipated future earnings will affect the agreement. This is important since future earnings can drastically alter the amount of spousal support and/or marital assets. A lawyer can also guide you through the process of amending your agreement if it’s determined that circumstances have changed. We’re dedicated to providing our clients with high-quality legal representation.