Prenuptial / Post Nuptial Agreements
To ensure any prenuptial (before the wedding) or postnuptial (after the wedding) agreement is fair and full disclosures by both parties have been met, your best bet is to have an experienced Family Law Attorney, such as Eve McClurg, advising and witnessing your agreement.Both parties must fully disclose all assets AND debts, and work to make any settlement fair to both parties. Prenuptial and post nuptial agreements can be contested and thrown out by the courts if one party can prove coercion, duress, fraud or that the circumstances surrounding the signing of the agreement were unfair.
Prenuptial and post nuptial agreements can be as extensive as needed. The agreements can include provisions for dissolution of marriage and/or death of the parties. Additionally, the agreement can include waivers or provisions for alimony, retirements, business ventures and the specific distribution of assets titled jointly and individually.
More importantly, even if people have a valid agreement they can fail to properly protect their assets during the course of the marriage. Parties can mistakenly co-mingle assets and therefore corrupt their prenuptial or post nuptial agreement. In drafting, revising and signing the document I will provide you extensive advice as to how to keep your assets safe from equitable distribution.
It’s important to know your rights and protect yourself, even if this is your first or third marriage. Call Eve McClurg for a free consultation at (239) 334-4383.
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