At New Direction Family, we help you understand the differences between the types of agreements and use the comprehensive consultations to determine whether these types of legal agreements can be beneficial for you. We then draft and review family law agreements that protect your rights and are best suited for you and your family.
If you are married and contemplating a separation or are already living separately, a separation agreement resolves some or all of the legal issues related to your separation. It is a legally binding contract that sets out provisions to divide your assets and debts, determine who will pay child support or spousal support, set forth the custody schedule that is best for your children. But remember, both parties must be in agreement on the terms. Before getting divorced you can benefit from working with one of our lawyers to determine if a separation agreement is right for you. And we can prepare an agreement that protects your legal rights.
If you are getting married, whether it’s your first marriage or the second time around, prenuptial agreements can provide security in knowing what will happen to your assets and debts and whether you are entitled to spousal support or will pay support in the event you separate and divorce. Individuals who are getting married and bringing significant personal assets or children from a previous relationship or marriage into the new marriage can benefit from prenuptial agreements. Prenuptial agreements or “Prenups” let individuals address and settle issues before the emotional and adversarial nature of separation or divorce occurs.
Postnuptial agreements offer similar benefits to prenuptial agreements, but they are created after couples are married. Like prenuptial agreements, they can be used to establish property division or spousal support, along with other family law issues that may arise in the event of divorce or separation.
Do you need a separation agreement, prenuptial agreement, or postnuptial agreement?
- 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?
- Will I retire soon, and if I do, what happens to my retirement “nest egg” if I separate or divorce?
A separation agreement, prenuptial agreement, or postnuptial agreement can address all of these issues and concerns and give you the peace of mind that you can and will have the life you want and deserve even if you are to separate and divorce.
By working with an experienced lawyer to draft and review agreements, you remain in control of what happens with your assets, your lifestyle, or your children. That control is so important. If you and your partner or spouse are unable to resolve your issues, you may have to go to court (litigate). Once that happens, you are placing your future and the future of your children in the hands of the legal system. If you have to go to court, you lose the ability to control the outcome.