Prenuptial Agreements

A premarital (or “prenuptial”) agreement is a contract between two people who plan to marry.

Prior to their marriage, the parties decide how they want their individual property and any joint property to be divided in the event the marriage terminates, whether by death or divorce. Spousal support may also be addressed in a premarital agreement.  The rights of any children of the parties and the parties obligations to those children may not be negotiated as part of a premarital agreement.

The premarital agreement is often associated with couples who have different levels of wealth at the time of their marriage, or when at least one of the parties has been married previously and seeks to preserve their wealth for their children or protect their wealth from the new spouse. However, premarital agreements have become more common, as more people are marrying later and have each already accumulated assets on their own. Awareness of the high incidence of divorce has placed premarital agreements on the radar for many couples intent upon marriage.

There are specific requirements for a premarital agreement, in order for it to be enforceable at the time of divorce . An attorney should be consulted with regard to the drafting and signing of any agreement. There is never any guarantee that a premarital agreement will be enforceable, but the likelihood is much higher if all the legal requirements are met.

Pre-Marital Consultation regarding marital rights and obligations –

What exactly does it mean to be married? 

Most people think of being married as a partnership between two people. What they often don’t think about is the third party, the state. In fact in many instances it’s only when people are divorcing that they come to understand the complexities of the state’s involvement in their marriage. 

It’s an odd fact that more study and learning is required to obtain a driver’s license than a marriage license. Understanding the law relative to estate planning and inheritance, property ownership, health care, and rights and responsibilities regarding any future children are topics we discuss with interested clients prior to their becoming married. 

Dissolution to Evolution

Navigating Your Divorce Through The Consilium Process

This book, that describes the Consilium Process, was developed to help people considering divorce to simultaneously create a parallel path of personal growth. It highlights common scenarios, presents thoughtful options and constructs optimal outcomes. The workbook helps people structure and pre-think their process so that logic can prevail during a time fraught with high emotion.