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PRENUPTIAL AGREEMENTS/ POSTNUPTIAL AGREEMENTS

Although the ideal idea of marriage is to have a life-long committed relationship, there are many reasons why relationships end in divorce.

 

Our firm specializes in carefully drafting prenuptial and postnuptial agreements in order to protect valuable assets and property after divorce and to avoid complications in the future. By drafting a prenuptial or postnuptial agreement, a couple can determine in advance how to divide assets and liabilities in order to avoid potential and often expensive legal battles and complications if divorce does occur.

 

Postnuptial agreements and prenuptial agreements are very similar in nature, with the exception that a postnuptial agreement is drafted after marriage. This agreement still requires spouses to fully disclose their financial situation, and outlines the protection of certain assets in case of divorce.

Our Firm can explain the difference between the two agreements and help you decided which one will be the one that fits your needs.

 

The following list are examples of what you may want to consider including in a prenuptial agreement:

1. List of all personal belongings that the couple will bring with them into the couple's new home. These items can range from Jewelry, china, linens, and art etc; and

 

2. List of intangible assets, for example intellectual property like trademarks; and

 

3. List any financial assets such as stocks and bonds, savings accounts, annuities, and IRAs., real estate, automobiles, boats, flier miles, etc. These items should listed;

 

4. Special family heirlooms; just to name a few. . . 

 

Postnuptial agreements tend to be harder to enforce than prenuptial agreements, because the courts follow the logic that married people have a fiduciary duty to each other.

 

The following list are examples of what you may want to consider including in a postnuptial agreement

1. List of the assets that the husband and wife has accumulated since the marriage occurred, specific things that the party feels belong to him or her. This could be the assets of a new business started by one or both of the spouses. For example a benefit package earned at a corporation, or regular yearly bonuses; and

 

2. Gifts received after the marriage from friends or relatives that both spouses have enjoyed the use of, such as  expensive art, antique items, or state of the art computer; and

 

3. Any items purchased with the husband's or wife's personal funds (that is, not money from a joint checking or savings account); and

 

4. Provisions for an annual "checkup" with those to determine whether it is appropriate to have an addendum to the postnuptial agreement for absolute clarity, just to name a few. . . 

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