Premarital agreements (antenuptual contracts) outline spouse's rights and obligations in the event of a divorce and death.
Through an antenuptual, a couple agrees in advance how to protect and secure their individual assets (including those intended for heirs), should the marriage end in divorce. An antenuptual contract can be important if a couple has substantial assets, is entering into a second marriage, or one of the spouses has children from a prior relationship. Once a couple is married, a marital agreement can protect a spouse from taking on the debt of the other, or from a catastrophic tax problem. It also can protect a sizeable inheritance received by a spouse during the marriage.
At JLS Attorneys, we ensure that your antenuptual contract meets all legal requirements, and accurately details the parties' understanding. To be enforceable, an antenuptual or marital agreement must meet strict requirements. Generally, the parties must fully disclose all of their assets and debts, and must enter into the agreement voluntarily and without coercion. If the agreement meets these and other requirements, it will dictate how property will be divided and how much, if any, spousal support will be paid should the parties eventually divorce. It is important that both parties to the agreement consult an experienced legal professional when considering a marital or antenuptual agreement.
Our firm has the ability to assist you in the drafting of your antenuptual agreement, regardless of how simple or complicated your asset and property division would seem to be upon divorce.