Pre-Nuptial or Anti-Nuptial Agreements
Pre-Nuptial Agreements are written and executed by the bride and groom before their marriage as they plan their marriage. The Agreements define the division of assets, the division of debts and each party’s rights and obligations if they divorce or die.
Valid Pre-Nuptial Agreements require PROOF OF COMPLETE FINANCIAL DISCLOSURE to the other spouse BEFORE the Agreement is signed.
If the Agreement is ever enforced, proof of such financial exchange will be needed for the court. To protect your assets and income in the event the marriage fails, you should be prepared to provide the documents demonstrating specific and precise financial disclosure to the other party.
Post-Nuptial or Marital Settlement Agreements
Post-Nuptial or Marital Settlement Agreements are executed by the Husband and Wife after their marriage and in contemplation of divorce. You and your spouse can determine how best to resolve the issues of the divorce without incurring the expense or strain of a trial.
If you and your spouse agree on some, most, or all issues related to the division of assets and debts, financial support and parenting issues, you will have far more control over the terms of your divorce rather than allowing the court to make all the decisions for your family. Agreements allow you to be more creative and flexible in defining the terms of your divorce while reducing the emotional trauma and significant costs of a lengthy litigation.
In drafting your Agreement, you and Ms. Baker shall:
- Identify non-marital property
- Identify and divide marital property and debt
- Determine if Spousal Support or Alimony is proper, addressing the need for health and life insurance, waivers, releases, and estate rights
- Determine if QDROS (Qualified Domestic Relations Orders) are required
- Address the Retirement Income Accounts and Deferred Compensation
- Develop Parenting Plans (Custody and Visitation)
- Consider matters related to the relocation of children
- Consider other child related issues, including support, dependency exemptions, insurance needs, college expense, extracurricular expenses
- Address need for consultation with financial advisors to determine potential tax liabilities
- Address responsibility for attorney’s fees
You and Ms. Baker will negotiate with your spouse and their attorney to determine if all or some of the marital issues can be resolved by a Settlement Agreement. All outstanding or unresolved issues can be reserved upon and presented to the court at trial.