The Blanch Law Firm is a highly respected advisor on pre-nuptial and post-nuptial agreements for High Net Worth individuals. Our expert attorneys counsel clients on signing spousal property divisions about their holdings, including complex financial structures, real estate properties, investment earnings, stocks and bonds, Pensions and deferred compensation packages, assets of privately held companies, professional practices, and income derived from executive compensation and other lucrative career tracks.

Pre-nuptial Agreements

A pre-nuptial or “prenup” is a contract entered into prior to marriage or civil union to determine in advance the division of spousal property and the amount of alimony payment should the parties decide on a legal separation. To be valid, a pre-nup, which must be filed with the court, must satisfy five conditions, as follows: A prenup must

1. Be in writing;
2. Be signed by the parties;
3. Be notarized;
4. Not contain any unconscionable terms;
5. Provide full and fair disclosure of property.

Resolving Community Property Issues through a Post-Nuptial

A post-nuptial contract is drawn up most often between couples who chose not to enter into a prenup because they were inhibited about discussing finances prior to their wedding. However, after marriage, they decide amicably to protect their respective financial interests. Without a prenup, the court decides the division of spousal property in a divorce. To deal with distribution of assets that come to either party by way of inheritance, professional promotion, or increased income, more and more couples are  entering into agreements after marriage. Thus they ensure that marital assets will be split between them based on pre-arranged terms. Post-nuptials, like prenups, are legally recognized agreements in almost every jurisdiction.

To be valid, a post-nuptial agreement that is entered into after a marriage of some duration must be based on complete disclosure of property accumulated by both spouses during the marriage. Besides indicating how assets owned by spouses will be allocated, a competently drafted post-nuptial agreement will indicate how debts incurred by both parties will be paid in the event of a divorce. It will settle who gets the house or who profits from inheritances, trusts or gifts that have become jointly owned by the parties. Also, it will state the amount of alimony payments and how liabilities such as health insurance, life insurance, disability or long-term care payments and pension distributions are to be dealt with.

Divorce Lawyers Who Get the Best Results for their Clients

The Blanch Law Firm advises its high-earning clients against having one lawyer for both spouses. Because the separate interests of both spouses cannot be represented adequately by a single attorney, each party should have independent legal counsel. The firm’s services have proved invaluable not only in divorce litigation but also in negotiation and settlement services provided for pre- and post-nuptial agreements. Our attorneys are dedicated tp protecting clients’ financial interests vigorously should any Matrimonial Law matter become litigious.

To arrange an initial consultation, Contact The Blanch Law Firm by calling (877) DIV-ATTY.