Pre & Post-Nuptial Agreement Lawyer
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
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.