Prenuptial, Postnuptial and Cohabitation Agreements
Various agreements can be made before or during a marriage in order to protect each party’s financial interests.
A prenuptial, or premarital, agreement is entered into prior to the marriage. It is important that you plan ahead so as to prevent any last minute efforts to rush into a prenuptial agreement shortly before the marriage. If a prenuptial agreement is a future possibility, it is important that you get in contact with our attorneys so that you can plan appropriately.
Prenuptial agreements can help parties protect their assets prior to marriage. Although this can be a difficult topic, these agreements can potentially save parties a substantial amount of time and money in the future. Our attorneys can draft a prenuptial, or premarital, agreement that will protect your assets in the event of a divorce or separation. Additionally, our attorneys will make certain you are advised how to manage your assets and property after the execution of the prenuptial agreement to ensure the agreement remains enforceable.
An agreement entered into during a marriage is referred to as a postnuptial agreement. Such an agreement most often results from a change in circumstances after marriage that is cause for one party to take steps to protect the assets and interests that they may have in property obtained or to which they have contributed during the marriage. When loans, inheritance, and large purchases affecting either party are at issue, our attorneys can help you draft a legally binding postnuptial agreement.
Finally, unmarried couples may also have a need to protect assets and property while they are cohabitating with, but not common law married to, a partner. These agreements are referred to as cohabitation agreements. They provide a method for individuals who cannot be legally recognized as married, or do not wish to become married, to reach an agreement regarding their rights and responsibilities of assets and liabilities. The agreements also serve to prevent future dispute or litigation over the couple’s assets, property and liabilities.
It is crucial that you utilize the services of our attorneys in making certain you end up with an enforceable agreement. It is important that you take the appropriate steps in negotiating, drafting, executing and performing under the agreement. Our attorneys will be with you every step of the way.
At times, a spouse or partner may need an attorney to help enforce or set aside an agreement that has already been executed. If this is the case, call our attorneys to set up a free consultation and explore the potential outcomes of litigating an already existing agreement.