St. Louis Pre & Post-Nuptial Agreement Lawyer
Trusted Counsel for Clients in Chesterfield, St. Charles County, and Throughout
the Greater St. Louis Area
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 contact us online or call (636) 742-1418 to request your free, initial consultation!
Elements of Nuptial Agreements - What Makes it Valid?
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.
How Does a Prenuptial Agreement Work?
A prenuptial agreement is a type of contract which two people about to be wed enter into that establishes the rights of each spouse should they choose to divorce or if one spouse dies. Prenuptial agreements can benefit couples by allowing them to avoid litigation later on since there is already an agreement in place on how property will be divided should the marriage end. Without an agreement, the state will divide your property which can entail a lengthy court battle.
Prenuptial agreements are often pursued by those with children from a prior marriage who wish to protect their children’s interests, those who have been through a difficult divorce before want to ensure it does not happen again, and those individuals with considerable assets.
At the same time, prenuptial agreements can benefit anyone wanting to protect their property before entering into a marriage.
What Does a Prenuptial Agreement Govern?
Prenuptial agreements can cover most issues regarding property, assets, and debts which you or your future spouse own.
Prenuptial agreements can cover issues including:
- How to pay premarital debts
- Whether either spouse will receive alimony in case of a divorce
- How things such as medical care, disability insurance, and long-term care will be handled
- How the marital home and marital property will be divided
- How premarital assets will or will not be combined or divided
- Whether gifts, trusts, and/or inheritances will be considered marital or separate property
- How death benefits and/or life insurance will be divided
Prenuptial agreements are limited for the most part to property arrangements, which does not include child custody and support. Matters involving children will depend on their best interests at the time of the divorce.
Contact the experienced attorneys at Family Law Partners in Chesterfield to schedule your complimentary consultation today.
