St. Louis Prenuptial & Postnuptial Agreement Attorney
Individuals with significant assets coming into a marriage may want to protect these assets in the event of a divorce. Fortunately, the law allows parties to enter into a contract prior to or even after marriage to address the disposition of assets should the marriage end in divorce.
A prenuptial agreement is a certain type of contract that parties may enter in contemplation of marriage to address how to classify or distribute assets in the event of divorce. A postnuptial agreement works just like a prenuptial agreement except the parties enter it after they have been married.
Courts take a cautious view with respect to prenuptial and postnuptial agreements. On the one hand, courts favor individuals resolving disputes amicably in advance. On the other hand, courts worry that the spouse with fewer assets coming into the marriage may be irreparably and unfairly harmed by a one-sided prenuptial agreement.
To address these issues, the law has certain requirements before a court may enforce a prenuptial or postnuptial agreement. First, both parties must make a complete and full disclosure of all assets and liabilities, all income and expenses, all relevant financial information. Second, the agreement must be made freely and willingly under conditions that allow for sufficient investigation and reflection. So, presenting your spouse with a prenuptial agreement hours before the wedding will generally send a bright red flag to the court. Third, each party must have the benefit of separate counsel prior to and at the time of entering the prenuptial agreement. And finally, the terms of the agreement must be “not unconscionable,” an odd legal phrase that means it cannot be so one sided that it cannot be considered anything but completely unjust. However, one sided agreements can be enforceable under the right conditions.
At The Marks Law Firm, L.L.C., we have had years of experience drafting prenuptial and postnuptial agreements for parties with due consideration to all the factors that would make the agreement enforceable and represent the knowing intent of both parties.
The flip side of enforcing prenuptial and postnuptial agreements is trying to “break” these agreements at the time of divorce because they are somehow unconscionable. Well-crafted prenuptial and postnuptial agreements can be difficult to set aside, but it can be done under the right circumstances with a skilled advocate representing your interests.
Getting Help with Prenuptial & Postnuptial Agreements
As you can see from the issues to resolve, the process is not just a short set of simple, self-executing rules, but involves many complex and often difficult questions of proof. Only a skilled and experienced attorney can properly advise you as to your rights with regard to prenuptial and postnuptial agreements and protect those rights in a legal proceeding.
At The Marks Law Firm, L.L.C, we have over fifty years of combined experience handling family law matters, including prenuptial and postnuptial agreements in high asset divorce. We help individuals understand their rights with regard to all issues, including high asset division. We have handled hundreds of trials before family court judges; if you choose The Marks Law Firm, L.L.C., you will have the benefit of a divorce attorney unafraid to go to court, advocate on your behalf and fully present your case.
Time to Act
Time is of the essence. As soon as you select The Marks Law Firm, L.L.C. to represent you, we will immediately put our considerable experience and resources to work on your case. The sooner we can review the necessary information, the sooner we can formulate a strategy for your unique circumstances, helping to ensure the best possible outcome.
Contact The Marks Law Firm, L.L.C.
For an initial consultation with an experienced Creve Coeur & O’Fallon, MO family law attorney, send us an email or call us at 314-993-6300.