Careful Preparation Of Your Prenuptial And Postnuptial Agreement
In the past, a prenuptial or postnuptial agreement was seen in a negative light. Individuals were angry about having to sign a document that seemed to be written in expectation of divorce. Recently, the cultural mindset has changed. Now, these documents are seen in the same way as life insurance — you hope you don’t need to use it, but it is good to have just in case. Not only can prenuptial and postnuptial agreements deal with determining what is marital property and what is separate property, they can also determine marital and separate debts, spousal support and maintenance, attorneys’ fees, and the continuation of business ownership following a divorce.
The Significance Of Prenuptial Agreements
The St. Charles prenuptial agreement attorney at Turken & Porzenski, L.L.C., can describe in greater detail how this document can protect you if divorce becomes a reality in your future. There are three aspects of a prenuptial agreement that must be addressed:
- Full disclosure: All assets and debts of both parties must be completely and accurately disclosed.
- Representation: Both parties need to be represented by their own lawyers.
- Timeliness: The prenuptial agreement must be signed well in advance of the wedding to combat the appearance of any duress or pressure to enter into the agreement.
Why A Postnuptial Agreement May Be Necessary
Our O’Fallon postnuptial agreements attorney has a great deal of experience guiding clients through this very complex aspect of family law. A postnuptial agreement is created during the marriage to specify the ownership of assets or property acquired while the couple was together. Often, in a divorce, this document is used as a guide for the division of marital property and debt.
A postnuptial agreement has significant financial ramifications for both sides. These documents cover anything about how we classify property to how to handle attorneys’ fees in the future. A lawyer at our office can explain the challenges and benefits in greater detail.
When either one of these types of documents are enforced by one party in the future, the other party’s lawyer’s first course of action is to attack the document as invalid. If it is invalid, the teeth of the document are gone. That is why it is wise to consult with an experienced attorney to draft your prenuptial or postnuptial document, and ensure that it is valid.
Contact Our Firm
If you have questions regarding prenuptial and postnuptial agreements, contact Turken & Porzenski, L.L.C., to schedule a consultation and a valuable assessment of your case by calling 636-352-1619 or 888-875-1907. Our St. Charles, Missouri office is open on weekdays from 8:30 a.m. until 5:00 p.m. and is conveniently located near the St. Charles County Courthouse. We accept Visa, MasterCard, Discover and American Express.