Pre & Post-Nuptial Agreements

Pre & Post-Nuptial Agreement Lawyer

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Essentially, nuptial agreements are written contracts entered between spouses that may be enforced upon the filing of a divorce or legal separation. Some couples decide to create these agreements prior to marriage and others only create them after they have already entered into marriage. Nuptial agreements can be beneficial for parties with a high net worth, substantial pre-marital assets, second marriages, and parties receiving settlements or inheritances. However, they can also be important for those who simply want to contemplate specific terms upon the dissolution of their marriage.

If you are interested in creating a pre or post-nuptial agreement, reach out to our firm today! You can fill out a free case evaluation to begin.

Elements of Nuptial Agreements

Nuptial agreements must be entered into freely, knowingly, fairly, with full disclosure, without any duress, and in good faith. Without these elements, it is possible for the nuptial agreement to be deemed unconscionable and invalid by the court. This can happen in many cases where a spouse changes there mind on the fairness of an agreement, putting the other spouse in a difficult position. That is why these agreements should be made carefully.

Nuptial agreements can include the following elements:

  • Spousal maintenance
  • Stipulations as to wages and income
  • Ownership over property
  • Specific terms upon the death of either party
  • Categorization of marital and non-marital assets

When creating pre-nuptial or post-nuptial agreements it is important for both parties to be represented by counsel to ensure that the document will be honored in court and not challenged by either party in the future. Parties should carefully consider the details within the agreement as future rights and obligations can be impacted by the terms included.

Contact the experienced St. Louis family law attorneys at Pedano, O’Shea, McGavic & Hogenmiller, LLC in Chesterfield to schedule your complimentary consultation today.

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