Prenuptial and Postnuptial Agreement Attorney
Antenuptial Agreements, otherwise referred to as Prenuptial Agreements, are contracts entered into by parties in anticipation of marriage by parties who wish to define their property rights to set the division of property and debt, should a divorce or legal separation occur in the future and to ensure harmony in their future relations. Postnuptial Agreements likewise are similar contracts entered into by married spouses. Prenuptial Agreements are fairly widely accepted and enforced in most states. Postnuptial Agreements, however, are treated very differently among the different jurisdictions.
In order for either type of agreement to be upheld and enforced, the following must be adhered to:
- There must be full disclosure of each party’s financial condition.
- There can be no duress, fraud or coercion to enter the agreement.
- The terms should be fair and equitable and/ or each party should have independent representation or the opportunity to consult with an independent attorney, prior to entering such an agreement.
- There must be adequate consideration to support the agreement.
Although the common perception is that such agreements are only for wealthy spouses, they can be utilized by anyone who wants to ensure that their property rights are defined and protected up front, allowing them the freedom from worry, so that they may concentrate on the relationship rather than what could happen if things fall apart. Such agreements can also control some rights when a party dies during marriage in addition to the distribution of property and debts. Additionally, such agreements should reduce legal fees in the event that a divorce or legal separation occurs in the future.
Postnuptial Agreements can be far more complicated to draft. Prenuptial and Postnuptial Agreements often require careful preparation by an attorney because such agreements involve complex issues.
If you need a Prenuptial or Postnuptial Agreement, contact Johnson City lawyer Jacqueline M. Eaton, to arrange a consultation.
Call (423) 753-0506 or contact Jacqueline M. Eaton.
The material on the site is for informational purposes only and is not legal advice. The information should not be relied on, and the user should take no action nor refrain from taking any action on the basis of any matter or information contained in the web site, without first seeking appropriate legal or other professional advice. The information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in the user’s state.
