Pre-Nuptial Agreements

The Law Offices of Matthew Z. Martell, P.A. work with engaged clients to negotiate and draft pre-nuptial agreements. A pre-nuptial agreement is used by parties to plan to marry and wish to resolve any financial and estate planning issues that may arise through death or divorce. Typically, couples who are each entering into a second marriage consider pre-nuptial agreements for the purpose of making sure that their respective children from each of their first marriages are protecting financially. It should be noted that a prenuptial agreement needs to be completed and executed at least 60 days before a marriage occurs. We also litigate to enforce pre-nuptial agreements. It is important that you have an attorney who has the knowledge and experience to keep your pre-nuptial agreement in full force and effect at the time of your divorce. Oftentimes, during the marriage, spouses will disregard the terms and conditions of a pre-nuptial agreement over time and they grow more trusting and comfortable with each other and the state of their marriage. One of the most frequent examples of this is commingling of separate pre-marital assets and property into marital accounts, marital investments investments and marital real property. Another common situation is the failure to disclose financial affidavit and financial records at the time of execution of the pre-nuptial agreement. Both of these scenarios are grounds for setting aside part or all of the pre-nuptial agreement. So, if you find yourself in such a position, then don’t leave enforcement of your pre-nuptial agreement to chance. Hire a lawyer who is knowledgeable and experienced in enforcing pre-nuptial agreement at the time of the divorce even under difficult circumstances. Conversely, our law firm also has experience in challenging, breaking, and setting aside pre-nuptial agreements. Often, this is difficult to do because although legal grounds exists, the spouse challenging the pre-nuptial agreement has little to no assets in his or her name at the time of the divorce. If you plan of challenging a pre-nuptial agreement, make sure that you have access to funds andor credit to do so. You cannot rely on a judge ordering that your attorney’s fees be paid by your spouse some time in the distant future. Often, if that does occur, it does not happen until the end of the case. Either way, call us because we can help you will draft, enforce, or break a pre-nuptial agreement.