Pre and Post Nuptial Agreements Fairfax
Whether before a marriage or during, a couple can decide to enter into an agreement that defines the rights and obligations of each party in the event of a divorce. Typically, an agreement would cover property division, spousal support, and other topics. An agreement provides certainty and allows the parties to decide these issues, rather than a judge, and allows the parties to potentially avoid the emotional toll, time, and cost of a hotly contested divorce.
Each party must fully disclose all assets and debts when entering into such an agreement, or waive the disclosure, or the agreement could later be declared unenforceable. Additionally, the agreement must be in writing, signed by both parties voluntarily. If there is evidence of force, duress, or coercion the enforceability of the agreement could be called into question.
Some common scenarios that lead parties to enter into prenuptial agreements include where one party is a high wage earner, where one party enters the marriage with significant assets, or where one party enters the marriage with significant debts. In each scenario there are factors to consider in determining how to protect each party. It is imperative that a qualified attorney draft the agreement on behalf of his or her client and that another, independent, qualified attorney review the agreement on behalf of the other party, taking into consideration his or her specific needs and interests.
You have worked hard for your wealth, it is important that you take the proper steps to protect it. Our lawyers are familiar with the laws governing these types of agreements and we will work hard to make sure that these documents withstand any later legal challenge.