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 can show that contributions during the marriage enabled the assets to appreciate in value.

Litigating The Prenuptial Agreement

At Stange Law Firm, PC, we offer 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 to protect their rights. Please note that attorney Kirk C. Stange also authored a book on prenuptial agreements through Thomson Reuters (Aspatore Publishing) titled Prenuptial Agreements Line by Line.

Stange Law Firm, PC, can 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 education and career
Transmutation of separate property for investments, retirement accounts
The 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.