Pre-nuptial or post-nuptial agreements can be used to define and protect your and your spouse's interests in property and income. Marital agreements are contracts used to spell out the expectations and obligations that a couple has of one another as they enter into or continue on with their marital relationship.
In order to ensure the validity of a prenuptial or postnuptial agreement, both parties must make a fair disclosure of their assets and income. A properly planned and executed marital agreement can be your best protection when a marriage ends, and can take the contentiousness out of a divorce or legal separation. A pre-nuptial agreement or post-nuptial agreement may be set aside if the agreement was entered into under duress or if the terms of the agreement are unconscionable. Examples of an unconscionable pre-nuptial agreement include an agreement that would leave one party in extreme or unforeseen economic hardship, or if one of the parties did not make a full disclosure of their assets and income.
If you are considering a pre-nuptial agreement or a post-nuptial agreement or if you are divorcing and want to know whether your agreement will be enforced, contact the attorneys at Jorgensen, Brownell & Pepin. |
