The Law Office of Stacey E. Andersen, LLC works with couples who wish to establish the terms of a settlement agreement either before or after they are married in the event that they later decide to divorce or legally separate. While these kinds of agreements are often frowned upon by society, working out a prenuptial (premarital) agreement before marriage or a post-nuptial agreement after the fact can be very practical.
Working out the terms of a potential settlement in advance especially if your joint and separate assets are complex and/or vast allows you and your significant other to decide for yourselves how you wish your assets and debts to be divided.
Even though you are working on your agreement as a couple, it is important that each of you has his or her own family law attorney to represent you and your interests while protecting your rights. You will also want to make sure that your agreement with your fiancé, fiancée, or spouse is drafted correctly in the event that you do get divorced or become legally separated. Premarital and post-nuptial agreements are legal contracts that are enforceable by law and can prove challenging to contest later.
A prenuptial agreement addresses in specific terms many matters, including the following:
A comprehensive prenuptial agreement can help avoid disagreement or conflict later on.
In certain situations, married couples decide to create postnuptial agreements to define their financial rights and responsibilities in the event of separation or divorce. Prior to drafting the agreement, full disclosure of all information and issues pertaining to the drafting of the postnuptial agreement is needed. In many cases, creative solutions are necessary in order to achieve long term success. The terms that can be settled by a postnuptial agreement are similar to the ones included in a prenuptial agreement.
In the event that you have signed a prenuptial or a postnuptial agreement that you now wish to challenge because your spouse did not disclose all of his or her assets or debts, you were unfairly pressured into signing the agreement, or you were deceived into signing the contract, I will help you challenge the terms of a defective prenuptial or postnuptial agreement and, if necessary, litigate your matter in court.
I also represent clients who wish to enforce the terms of their prenuptial or postnuptial agreement that a soon to be ex-husband or ex-wife may now wish to contest.