CAPITAL REGION MARITAL AGREEMENT LAWYERS

Prenuptial Agreements

These types of agreements become effective upon marriage and are made prior to marriage and at a time when couples are about to begin a new chapter of their lives. While often times couples have negative stereotypes regarding prenuptial agreements, these agreements are very important to plan and protect yourself in the future. A prenuptial agreement can be custom tailored to your needs. Some of the more common purposes for having these agreements in place include:

• Agree to property rights and ownership of property acquired during the marriage
• Protect assets held prior to marriage from potential distribution
• Entitlement, or lack thereof, to a prior or current estate / inheritance
• Protect children from a prior marriage or relationship as to their inheritance rights
• Set amount and duration of spousal maintenance in event of a divorce or separation
• Waive rights to spousal maintenance, equitable distribution or counsel fees in case of divorce or separation

A couple cannot waive rights in regard to custody or support of children with a prenuptial agreement. Child custody, support, and visitation always remain governed by the child’s needs and best interests.

It is essential to have an attorney both prepare and review these documents to ensure their validity. In any contract, certain formalities are essential to be valid and enforceable by the courts.

Postnuptial Agreements

Postnuptial agreements are made during a couples’ marriage. Often times couples elect to enter into these agreements for asset protection and planning purposes. Our family law attorneys provide you with a thorough perspective when representing our clients in drafting postnuptial agreements to make sure all appropriate topics are covered. Some of the more common purposes for having these agreements in place include:

• Division of assets, liabilities, income, and expectations of gifts and inheritances
• Payment of post-marital debts and the parties’ responsibilities
• Protection of assets and inheritance interests of children in the event of divorce.
• Ownership of post-marital property in reference to appreciation, gains, income, dividends and proceeds in the event of divorce
• Ownership of a marital residence and secondary homes
• Clarification of what will happen to the marital property, jointly or individually owned, such as artwork or jewelry in the event of divorce
• Agreements regarding spousal support

Separation Agreements

Separation agreements are formal written agreements between you and your spouse which outline the issues of custody, support, and asset and debt distribution. The Agreement is commonly presented to the Court when a divorce is finalized. Our attorneys understand the importance of meeting as many of your current and future life goals as possible. Attention to detail is extremely important while crafting these agreements, even down to appreciating the tax effects and your future financial needs. Common topics addressed within a separation agreement include:

• Child support
• Custody and parenting time
• Spousal support
• Financial responsibility for joint bills and debts
• Disposition of the marital home
• Tax refunds and deductions
• Division of assets, including retirement accounts
• Medical and life insurance coverage

 Cohabitation Agreements

If you have chosen cohabitation over marriage – you are not alone. Cohabitation between unmarried partners has increased substantially in the last 40 years. However, unless you define your partnership through a legal contract, the law may view you as strangers in the case of a breakup or death. In recent years, the concept of cohabitation has expanded to include any two partners who have integrated their residence, property and daily lives. It is often seen as a starting point for people headed toward marriage, but can also be an ultimate arrangement for couples who don’t want the social, personal or legal commitment that marriage represents. Common subjects included in cohabitation agreements include:

• Distribution of property in the event of death or breakup
• Obligation of financial support during the relationship or upon its dissolution
• Payment of debts
• Division of principal residence upon breakup of the relationship or death
• Definition of support, custody, or visitation rights for children
• Determination of right to serve as guardian in event of incapacitation
• Establishing the right to make medical decisions

Learn more about Cohabitation here