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MARITAL PROPERTY / PRENUPTIAL AGREEMENTS
 
Many people are unaware that they need a prenuptial or marital property agreement to protect their family's inheritance.  Used properly, marital property agreements are an important aspect of estate planning that can provide peace of mind, and help families avoid future lawsuits and property conflicts.  
 
  • A marital property agreement / prenuptial / postnuptial agreement can be made before, or DURING the marriage 
  • This type of agreement is extremely useful even if the parties NEVER divorce; in fact we see many more non-divorce situations in which they are utilized
  • By far, the best time to make it is well before the wedding date, but even after marriage it is not too late for the spouses to make certain agreements about property rights with each other
  • Each party to the agreement should have their own attorney to explain their rights and responsibilities regarding the agreement
  • These agreements are key to protecting inheritances, family business interests, certain family assets, children from prior marriages, and oftentimes, for protecting both of the spouses as well
  • Many of our clients have successfully used these agreements to prevent family infighting at the time a parent or spouse passes away, and to protect family from the added grief and uncertainty, pain, or litigation over property
The following situations are EXTREME RED FLAGS where a Prenuptial agreement is a must:
  • SECOND MARRIAGE / BLENDED FAMILIES
  • DEBTS/CHILD SUPPORT/ALIMONY OBLIGATIONS OF EITHER SPOUSE
  • UNEQUAL ASSET/FINANCIAL STATUS
  • CHILDREN FROM PRIOR MARRIAGE
  • HIGH RISK OCCUPATION OF SPOUSE (i.e. higher risk of being sued)
  • HEALTH PROBLEMS