Talking With A Lawyer About Contracts That Affect Your MarriageNegotiating a prenuptial agreement does not always seem like the most romantic choice but, for many couples, it is the smart one. Prenuptial agreements — also called prenups, premarital agreements or even antenuptial agreements — allow marrying couples to protect their separate property during a marriage.At Stange Law Firm, PC, we help clients in Missouri, Illinois, Kansas and Oklahoma draft, review and litigate prenuptial agreements. We also handle issues related to postnuptial agreements, which are sometimes created during a marriage.
Prenuptial AgreementsGood prenuptial agreements should contain detailed descriptions of the significant property and debts owned by each partner. Depending on the nature and complexity of these assets, a prenuptial agreement can be just a few pages — or a few hundred. At the Stange Law Firm, PC, we draft each prenup so that it meets the exact needs of our clients.To be valid, a prenuptial agreement must meet certain requirements:
- Be signed by both spouses
- Be accompanied by a complete disclosure of all assets, income and debts of each spouse
- List court-ordered maintenance being paid or received
- Allow spouses sufficient opportunity to consider the provisions of the agreement consult with lawyers before signing
- Be entered into freely and voluntarily
St. Louis Area, Kansas City Area, Columbia, Springfield and Beyond Postnuptial AgreementsAlso called post-marital agreements, postnuptial agreements are contracts between two partners that are entered into during a marriage. Like prenuptial agreements, they contain provisions addressing how to divide property in the event of divorce or the loss of a spouse.
Enforcing a Prenuptial or Postnuptial AgreementIt can be difficult to enforce a prenuptial or post-nuptial agreement. The standards courts impose are high. But when a family law conflict requires legal action, we offer high-quality legal solutions for our clients. Our focus is helping you move in the right direction. We do this by working closely with you to develop a family law strategy that weighs costs and benefits of each action. Together, we take action that gets results.
Not being represented by a lawyer at the time of signing can be a basis for challenging the enforceability of a prenuptial agreement later on. For this reason, both parties really should have their own attorneys. Please note as well that Kirk C. Stange authored a book on prenuptial agreements through Thomson Reuters (Aspatore Publishing) titled: Prenuptial Agreements Line by Line .