Prenuptial Agreements Protect Assets
Anticipating marriage or a long-term commitment to another? Attorney Belinsky works with you establish the terms of an agreement which would set out terms for support and division of assets after marriage in the event of a later divorce or separation. This type of agreement can be done post marriage, especially after navigating through rough marital waters and reconciling. A pre or post nuptial agreement brings an element of practicality and necessity.
Working out the terms of a potential settlement in advance — especially if your joint and separate assets are complex and/or vast — allows you and your significant other to decide for yourselves how you wish your assets and debts to be divided in the event of separation, divorce or even death. This kind of agreement is essential when each of you have pre-existing families or special needs..
You must make sure that your agreement is drafted correctly, thoroughly and in detail so that in the event of a divorce or legal separation, your rights and assets are protected and you know what to expect. Premarital and post-nuptial agreements are legal contracts that are enforceable by law and can prove challenging to contest later.
Terms of a prenuptial agreement
A prenuptial agreement addresses in specific terms many matters, including the following:
- Who gets what assets in the event that you decide to end your legal union
- How finances and assets may be handled during the marriage
- Spousal support terms
- Any business ownership issues
- What to do with your estate in the event that one of you dies
- The handling of gifts, inheritances or trusts
- Benefits and disability and insurance coverage
A comprehensive prenup can help avoid disagreement or conflict later on.
Terms of a post-nuptial agreement
Married couples who have decided to create post-nuptial agreements are considered fiduciaries of each other, and they are therefore required by law to provide each other with full disclosure of all information and issues pertaining to the drafting of the post-nuptial agreement. The terms that can be settled by a post-nuptial agreement are similar to the ones included in a prenuptial agreement, both of which require full and accurate disclosure of assets and liabilities. A post-nuptial agreement also requires a standard of fairness by both spouses to each other taking into account your entire financial picture and expectations.
Challenging and enforcing prenuptial and post-nuptial agreements
In the event that you have signed a prenuptial or a post-nuptial agreement and you either want to challenge that Agreement or defend the Agreement against a challenge, the Law Offices of Ilene B. Belinsky, P. C., can help you make your case including litigating your position in court to get you your result.
Contact us today
Call the Law Offices of Ilene B. Belinsky today at 508-436-4613 or contact us online to schedule a consultation at our Brockton or Canton offices.