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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