Whether you are considering separating from your spouse, getting married, or if you are married and are interested in protecting the interests of you and your family, these legal agreements can provide peace of mind and control over your future.
Separation Agreements, Prenuptial Agreements,
& Postnuptial Agreements
Separation Agreements, Prenuptial Agreements,
& Postnuptial Agreements
Whether you are considering separating from your spouse, getting married, or if you are married and are interested in protecting the interests of you and your family, these legal agreements can provide peace of mind and control over your future.
How To Determine If You Need a Separation, Prenuptial, or Postnuptial Agreement
Each of these three agreements offer peace of mind and security in the event of a separation or divorce. The greatest differences between them lies in the time when they are created and signed. Separation agreements are effective in the event of separation, prenuptial agreements are drafted prior to marriage, and postnuptial agreements are formed during the marriage. To provide some help in determining if these agreements are right for you. Ask yourself these questions:
- Am I concerned about protecting my retirement, my business, or other assets I worked so hard to build or acquire?
- Do I want to ensure my children are provided for or that I leave them the legacy that I want?
- Am I going to be a “stay-at-home” parent and will I have the financial resources to care for myself and my children if divorced?
- Will I retire soon, and if I do, what happens to my retirement “nest egg” if I separate or divorce?
- After separation, what will our custody schedule be; how will our debts and assets be distributed and will I receive spousal support?
What are the different agreement types?
Postnuptial
Postnuptial agreements are for those who are already married and are seeking to secure their assets and interests if a separation were to occur. These agreements, sometimes referred to as “postnups,” offer many of the same benefits and protections of prenuptial agreements. They offer married couples the ability to assign assets and debt obligations, establish property division, spousal support, and much more. Our experienced family law attorneys work closely with spouses to define the terms of their postnuptial agreement that suits the interests of their family and future.
Prenuptial
For those who are planning to get married, prenuptial agreements provide security of assets and interests in the event of a divorce. These agreements are suitable for individuals of every income bracket, as they can be as simple or complex as needed. Prenuptial agreements can outline how assets and debts are distributed, spousal support and alimony payments, and any other unique needs of the couple getting married.
Business owners, parents, and those who’ve been married before, commonly choose prenuptial agreements. One of the greatest benefits of “prenups” is how they allow both partners the chance to address and settle any conflicting issues. The divorce process often brings out heightened emotional and adversarial states in both parties, and it’s better to discuss and agree upon these terms prior to getting married. Our attorneys help individuals create a prenuptial agreement that benefits them through marriage and protects their future.
Separation
A separation agreement is an essential part of protecting your rights and interests if you are considering a separation from your spouse. Whether you are already living separately or are considering moving out, a separation agreement may resolve some or all of the legal issues related to your separation. A separation agreement is a legally-binding contract which includes important provisions, such as:
- Asset and debt division
- Who pays child support and how much
- Spousal support arrangements
- Custody schedules
- Any additional items that are specific to your situation
Schedule a Consultation Today
While they can relieve some of the stress and uncertainty of your separation/divorce, it’s important for both parties to work with their lawyers to reach an agreement on the terms of the separation agreement. If you are considering separation or divorce, our experienced divorce attorneys can help you negotiate a separation agreement that’s in the best interests of you and your family. By scheduling a consultation with our family law attorneys, we’ll determine if a separation agreement is right for you, provide you with empowering legal advice, and protect your rights.
