Pre-Nuptial and Post-Nuptial Agreements

The divorce attorneys at Berger, Fischoff, Shumer, Wexler & Goodman, LLP have more than 75 years of combined experience in drafting and creating matrimonial agreements ranging from stipulations in divorces, separation agreements, to pre-nuptial and post-nuptial agreements.  The main purpose of a pre-nuptial or post-nuptial agreement is not only the resolution of asset distribution in the case of a termination of the marital relationship, it also serves to minimize conflict at the time of the termination of a marriage by establishing common ground on all marital issues in advance.  We, at Berger, Fischoff, Shumer, Wexler & Goodman, LLP, utilize and promote these agreements, as opportunities to protect or salvage the trust in the marital relationship.

PRE-NUPTIAL AGREEMENTS

Regretfully, in today’s society, assets and finances are often at the root of marital problems.

Execution of a pre-nuptial agreement, drafted by a qualified and experienced divorce attorney, often relieves the stress of the unknown;  how will a party’s life be affected if the marriage they are entering into should, for one reason or another, fail?  While people do not usually enter into marriage thinking that they will be divorced in the future, the execution of a properly drafted pre-nuptial agreement can often help a party’s concerns about the “what ifs?”.

A pre-nuptial agreement can address:

• What happens to property and entitlements if the marriage does not take place?
• What property remains a party’s separate property and what will become joint property?
• What property will be divided in the case of a divorce or separation?
• What will happen with property obtained during the marriage?
• What will happen to property upon one party’s death?

The agreement can also be drafted to outline what assets, that may be legally one party’s separate property, will ultimately be agreed to be joint marital property in the future.

POST-NUPTIAL AGREEMENTS

A post-nuptial agreement is similar to a pre-nuptial agreement in its intent and content but, often, when a post-nuptial agreement is sought by one party, it is the result of some level of marital strife. The post-nuptial agreement serves as a mechanism to allow the parties to potentially trust one another as they move forward in attempts to salvage their marriage knowing that, while their marriage may be in some level of turmoil, their focus moving forward can be on mending the marriage.  The parties afford themselves the opportunity to truly focus on their relationship, possessing the knowledge that if the marital issues should result in a separation or a divorce, the issues of those legal proceedings have already been negotiated and resolved.