Prenuptial & Postnuptial Agreements

Prenuptial & Postnuptial Agreements

SAFEGUARDING YOUR ASSETS WITH PRENUPTIAL AGREEMENTS

Prenuptial and postnuptial agreements are legal contracts that can be created just before, or just after marrying, to protect each spouse’s assets in the case of a future divorce. These agreements are particularly helpful for couples with complex and/or vast joint or separate assets or debts, and state the terms of a settlement in the event of a divorce.

It’s important that you and your spouse each have your own attorney to represent you in the creation of this agreement, to avoid any conflicts of interest.

Need a skilled divorce attorney to draft your prenuptial or postnuptial agreement?

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THE TERMS OF A PRENUPTIAL AGREEMENT ARE AS FOLLOWS

  • Who gets what assets in the event that you decide to end your legal union
  • How finances and assets will be handled during the marriage
  • Spousal support terms
  • Any business ownership issues
  • What to do with your estate in the event that one of you dies
  • The handling of gifts, inheritances or trusts
  • Benefits and disability and insurance coverage
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THE TERMS OF A POSTNUPTIAL AGREEMENT

The terms of a postnuptial agreement are similar to the terms of a prenuptial agreement, however once you and your spouse are married, you are considered fiduciaries of one another requiring both you and your spouse to fully disclose all financial information to one another.

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CHALLENGING AND ENFORCING PRENUPTIAL AND POSTNUPTIAL AGREEMENTS

Under normal circumstances, these agreement cannot be challenged, however there are situations in which a prenuptial or postnuptial agreement can be challenged. If:

  • Your spouse did not disclose all of his or her assets or debts
  • You were unfairly pressured into signing the agreement
  • You were deceived into signing the agreement

Your agreement may be defective, in which case I can help you challenge the terms and litigate the matter in court on your behalf.

If on the other hand your soon-to-be ex-husband or ex-wife will attempt to dispute your agreement, I can help you make sure the agreement is enforced.

Need a reliable divorce attorney to challenge or enforce your prenuptial or postnuptial agreement?

Schedule a Zoom Consultation with Dina De Giorgio Today

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