Litigating Prenuptial Agreements

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Litigating Prenuptial Agreements

Prenuptial Agreements Aren’t Always Enforceable

Many people with high net worth enter into a marriage thinking a prenuptial agreement will protect their financial assets in the event of divorce. What many people don’t understand, however, is that prenuptial agreements are legal contracts, subject to the laws that protect the rights of both parties in the agreement.

In addition, protection of assets included in the premarital agreement may be limited to their original value and may not include the appreciated value or earnings, if the other spouse is able to show that contributions during the marriage enabled the assets to appreciate in value.

Litigating The Prenup

At Stange Law Firm, PC, we offer experienced, knowledgeable litigation services for clients involved on either side of a prenuptial agreement dispute in divorce. We have experience ensuring that our clients receive bold representation to find a resolution that will protect their rights. Please note as well that attorney Kirk C. Stange authored a book on prenuptial agreements through Thomson Reuters (Aspatore Publishing) titled Prenuptial Agreements Line by Line .

Stange Law Firm, PC, has the capacity to represent clients in the most complex cases involving litigation prenuptial agreements, including:

  • Characterization of separate and marital property
  • Appreciated value of a business or professional practice
  • Valuation of an education and career
  • Transmutation of separate property for investments, retirement accounts
  • Increased property value of separate real estate portfolio
  • Characterization of marital debts
  • Resolving disputes about a contested agreement

To be legally valid, prenuptial agreements are subject to strict requirements. Prenups signed on the day of the wedding likely will not hold up in court. Nor will agreements be enforceable if both parties did not have their own legal counsel at the time of the signing or modification.

You can read more on this topic by reading an article by Kirk C. Stange titled: Ways to Invalidate a Prenuptial Agreement.

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Helpful Information Regarding High Net Worth Divorce From our Webpage

To learn more about our work in the area of high net worth divorce, please follow the links below:
Can I afford to get a divorce with a large sum of assets
We frequently hear this question from people who believe that they have too much to lose to divorce. They stay in marriages in which they are unhappy — sometimes for years — when they believe they cannot afford to get a divorce.
Hidden assets
Divorces — especially those involving division of closely held small to mid-sized businesses — can sometimes involve hidden assets. When this happens, we have the resources and connections necessary to locate them for proper division.
Valuing professional practices and businesses
Valuing a professional practice can be extremely difficult because much of the value is in the individual's contribution, not in merchandise or interests that can be easily divided. If you have questions, we have answers.
Pensions, IRAs and 401(k)s
Missouri law significantly affects the division of retirement savings accounts. If many of your assets are in IRAs or 401(k)s, we can talk with you about your options.
Qualified Domestic Relations Orders
QDROs create or recognize the existence of an alternate payee's right to receive all or a portion of the benefits payable under a retirement plan. We can explain what this means for you.
Divorce Tax Issues
For some, they can have significant questions and concerns about how getting divorced might effect them from a tax perspective. We can help ensure that clients can get the tax advice they need from tax professionals.
Maintaining Lifestyle
Many individuals have spent their entire life working hard in order to maintain a lifestyle that they have sought out. We can help individuals going through divorce ensure that they are put in the best financial position possible after a divorce.
Business Owners
Many individuals have spent their whole life trying to create a successful business or they have assisted their spouse build up this interest. It can be stressful when that business interest becomes part of a divorce proceeding. However, we an help ensure that a business interests are fairly evaluated.
Prenuptial & Postnuptial Agreements
Prior to entering into a marriage, or after the wedding date, many individuals are interested in putting together a prenuptial or postnuptial agreement to ensure that there are not lengthy and contentious divorce proceedings later if the marriage ends in divorce In these instances, we can help.
Farm Divorce
In certain cases, parties going through a divorce may own a family farm. This can result in the farm itself, equipment, livestock and other valuable assets being put in play in a divorce. We can help you if this is the case.
Stocks and Bonds
Many married couples also have significant sums in stocks and bonds. It's vital to work with an attorney to have an accounting of what is out there and to ensure it is properly addressed in family court.
Vocational Examination
The income producing potential of a husband and wife can be an important issue in a spousal support or child support case. A vocational examination can be useful in many of these cases where the current income of a party does not appropriately reflect what they could make.
Real Estate Portfolios
Real estate can be an important issue in divorce cases where the parties own rental property and other valuable real estate. We can work with parties in these types of cases to make sure these assets are property valuated and apportioned.
Delayed Compensation
In some situations, a party may be compensated through delayed compensation. This is an important area that should not be over-looked in a divorce.
Overseas Assets
Overseas assets can be significant issue in certain cases. It is vital that you have an attorney who understands how to address this issue
Serving the St. Louis Metropolitan Area, Kansas City, Columbia, Springfield, Wichita, Topeka, Tulsa and Beyond in Missouri, Illinois, Kansas and Oklahoma

From our webpage, you can also read articles about family law, view informational videos, seminar videos, listen to our podcast, download our mobile application or view support calculators for MissouriIllinois and Kansas.

If you are looking to find and hire a child custody lawyer, contact us online or by phone to schedule a consultation at any of our convenient locations.

Prenuptial Agreements Line by Line

Aspatore Books from Thomson Reuters Westlaw

Strategies For Family Law Illinois

Aspatore Books from Thomson Reuters Westlaw

Strategies For Military Family Law

Aspatore Books from Thomson Reuters Westlaw

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