PROTECT YOURSELF FROM THE WORST CASE
You have probably heard the horror stories about divorce litigation — the outrageous expense, the animosity, and the glacially slow timeline. A prenuptial agreement can protect both spouses from all of that.
FAST FACTS ABOUT
A prenuptial agreement is a signed, written agreement entered into by soon-to-be spouses before marriage that resolves many or all of the legal issues associated with divorce or legal separation. Parties have tremendous freedom to agree to resolve the disposition of community property, spousal maintenance, and attorney’s fees. There is less room to bind parties to provisions that affect child custody or child support.
Postnuptial agreements are agreements that function like prenups but were entered into after marriage. Though it can be an uncomfortable subject, an effective and fair postnuptial agreement can protect both spouses from the costs of future divorce litigation and ensure that the community funds are divided between the parties rather than paid to greedy divorce attorneys.
The enforceability of prenuptial agreements can be litigated. A party may seek to be released from obligations under the prenuptial agreement on the basis of fraud, coercion, duress, or unconscionability. The party contesting the validity of the agreement has the burden to prove why it should not be enforced. Our firm’s robust civil litigation practice can offer our clients a unique advantage when contract law is litigated in family court.