If you are considering a pre or post-nuptial agreement, it is wise to meet with an attorney at the Law Office of Daryl T. Gordon to discuss if a pre or post-nuptial agreement would be beneficial. These documents are not created in anticipation of divorce, but it is a good business decision to recognize the fact that divorces do happen, and anything is possible.
These documents are not only for the wealthy. It is a good idea for any couple to draft an accurate and effective agreement that defines the ownership of property or assets. By working proactively, a couple can avoid a protracted dispute during property division negotiations and preserve an estate for their children.
This type of marriage contract is drafted prior to a marriage to define ownership of property and assets brought to the marriage by each party. Asking your partner to sign a prenup is not signaling your expectation that the marriage will fail; it is a document that can be used to avoid costly and adversarial negotiations if a divorce becomes a reality. In fact, many stipulations can be built into a prenuptial agreement such as the fact that the document expires after 15 years of marriage.
Post-nuptial agreements can be written at any time during the marriage. This document serves to define the ownership of property or assets acquired while married. If homes, cars, boats or other assets are gained throughout the marriage, a post-nuptial agreement can be created to explain who owns what. These documents can be helpful for driving a dispute to a speedy and effective conclusion if the parties decide to divorce.
Again, the stigma attached to pre- or post-nuptial agreements is undeserved. There are a whole host of different reasons to have them drafted. Merely drafting this type of agreement is not an admission that you expect the marriage to fail, but it is a way to keep assets organized and minimize the time spent in mediation if a divorce becomes a reality.