When you are getting married, planning for the possibility of a divorce is often the last thing on your mind. However, the divorce rate in the United States is high, and it is often necessary to make such plans. Prenuptial agreements, (prenups) are used to protect the interests of both spouses should the marriage end in divorce. They can also help remove some of the resentment from a divorce proceeding. These contractual agreements can address many issues and they often become quite complex. At Rutter Family Law LLC, we are highly experienced in working with prenuptial & postnuptial agreements.
Good prenuptial agreements should contain detailed descriptions of the significant property & debts owed by each partner. Depending on the complexity of these assets, a prenuptial agreement can be just a few pages, or they can be can be quite lengthy! At Rutter Family Law LLC, we draft each prenup so that it meets the exact needs of our clients.
Prenuptial agreements must meet certain requirements:
- Be in writing
- Be signed by both spouses
- Be entered into freely and voluntarily
- Allow spouses sufficient opportunity to consider the provisions of the agreement consult with lawyers before signing
Prenuptial agreements may:
- Be accompanied by a complete disclosure of all assets, income and debts of each spouse
- List court-ordered maintenance being paid or received
- Address the division of retirement benefits upon divorce
Do I Need to Hire a Divorce Attorney if I Have a Postnuptial Contract?
If you have a postnuptial agreement with your spouse or your prenup includes postnuptial provisions, this does not mean you do not need to hire a divorce attorney. Your prenuptial- postnuptial contract can act as a blueprint for your divorce and streamline the process, but you must still have legal counsel you can trust to help you make informed decisions about the proceedings ahead of you and reach the best outcome possible.
A prenuptial-postnuptial contract can offer peace of mind and many substantial benefits if you and your spouse are willing to put in the effort to make your contract as legally enforceable as possible. If you are considering whether a prenuptial or postnuptial agreement would benefit you and your spouse, reach out to Rutter Family Law LLC for the direction you need.
Challenging Prenuptial & Postnuptial Agreements
While marital agreements are effective tools to protect your interests in a divorce, they are not silver bullets. Sometimes, the validity of a prenuptial or postnuptial agreement can be challenged in a divorce. If the agreement was not voluntarily signed or is unconscionable, it can be set aside. A prenup or postnup may also be found to be invalid if the spouses did not fully disclose their assets and other financial information to each other before signing the agreement. Postnuptial agreements are particularly vulnerable to challenges.
For more information on prenuptial or postnuptial agreements, then contact Rutter Family Law LLC today.
The sooner you reach out to us, the sooner we can discuss your options and how best to help you achieve the results that you need in your situation. To schedule a free consultation, call us at 630.940.9107 or send us an email.