PRE AND POSTNUPTIAL AGREEMENTS

            The use of pre nuptial agreements has become more and more accepted in today’s society. It is common among couples who are marrying for the first time as well as persons remarrying and needing to protect children of a prior marriage.

            Pre nuptial agreements enable you to circumvent state laws and provide for separate property whether acquired before or during the marriage. You can even provide for property acquired jointly during marriage to be divided upon dissolution of the marriage in a manner other than 50/50. You can also prevent a 100% distribution to the surviving spouse.

            The agreement can provide for the waiving of all or part of interests in estates, in pensions and other retirement plans, and for maintenance on dissolution.

            Pre nuptials can also govern tax returns and the liability imposed upon them, as well as the treatment of deficiencies assessed by the Internal Revenue Service or state taxing authorities.

            Pre nuptial agreements can tell you what will be contained in your divorce, both as to the spouse and children of the marriage, as well as maintenance. Different treatments may be applied in the event of a death.

            It is not uncommon today to include provisions concerning household tasks and child rearing responsibilities.

            Post nuptials in certain circumstances may be necessary. In order to effectuate a pre nuptial agreement particular action may have to be taken after the marriage has taken place. Therefore, the post nuptial may document the action taken in accordance with the pre nuptial.

            Post nuptials may also confirm oral agreements subsequent to marriage to amend the pre nuptial agreement, and these agreements should be put in writing rather than placing reliance on an oral promise. Events happen during a marriage where specific agreements are necessary to put into action promises made.

            When couples recognize that their marriage is in trouble we can provide an agreement as to what will occur when they divorce. They can improve their ability to work on these problems, and can remove the stress created by uncertainty thereby freeing the couple to seek counseling with an increased chance of success.

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