It’s surprisingly inexpensive. Assuming that you’re represented by a lawyer who’s been through this process, it’s a relatively straightforward situation. Your lawyer should be able to get the work done and the negotiations completed and give you a signed, enforceable document by maybe expending a handful of hours. It’s not necessarily a long, drawn out, […]
Prenuptial and Postnuptial Agreements
Do you need an attorney to do a prenup or could you do it yourself?
If you listen to the radio long enough you’re going to hear one of these ads about one of these internet websites where for $29.95 you can have a form that you download off their website, and you fill in a couple of blanks and sign it, and call it a prenup. I’ve been involved […]
Do people without assets need a prenuptial agreement?
I believe everyone should have a prenuptial agreement because you never know if a divorce is in your future. After all the statistics are one in two marriages end in divorce. Assume two people get married and one party just graduated from college and is a teacher and therefore has a prospective teacher’s pension. The […]
Can you set aside a prenuptial agreement during divorce?
If a prenuptial agreement’s prepared in accord with requirements of the statute, it should not be set aside. It must be signed by the parties voluntarily and must be conscionable. The parties must each provide full and fair disclosure of the earnings, property and the respective financial obligations. If there is a waiver of financial […]
What certainty does a pre or post-nuptial offer?
It provides the certainty of what’s going to happen in the event that this marriage breaks down and ultimately ends in a divorce. From the timing and cost standpoint, and from taking out issues that are going to be in controversy between the parties, we really don’t see that there’s any downside to it. For […]
Can couples revise their prenuptial agreement?
Yes. All that’s really required is that the document be in writing and that it be voluntarily entered into by each party. When we’re talking about modifying either an existing prenup or entering into a post-nup, if there wasn’t a prenup that was entered into that’s a slightly more tricky situation, and there is certainly […]
How common are prenuptial agreements in marriages with significant wealth?
The short answer is in a family with a high-net-worth, a prenuptial agreement is invaluable especially when the party marrying has an interest in a family business. Prenuptial agreements in these situations are very common as the family wants to protect the family business in the event that a divorce arises. The agreements are intended […]
What should be included in a prenuptial agreement for a business owner?
The prenuptial agreement is a contract between two people who are contemplating marriage and is effective upon the date of the marriage or civil union. The agreement should include all property of the parties including their business, real estate investments, retirement accounts or pensions and debts. When I prepare a prenuptial agreement it is imperative […]
Do prenuptial agreements help reduce or eliminate litigation?
It probably doesn’t eliminate litigation but it sure does significantly reduce the complexity, cost, and the duration of it. With a well thought out pre-nup, we’re able to get down to just questions about any children that might arise as a result of the marriage, we can essentially resolve everything else ahead of time. Assuming […]
Is it important to have a prenup when one or both parties is entering a second or third marriage?
Yes, those are the situations where there’s all kind of potential landmines. You can talk about ownership of the home that the parties are going to occupy, you can talk about payment of mortgage, and what about necessary repairs in the future? Who’s going to pay the real estate taxes? Who’s going to benefit from […]
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