 Prenuptial, Postnuptial, and Cohabitation Agreements
A Prenuptial Agreement is an extremely important document. It contractually defines the property distribution and alimony rights of two happy people before their marriage at a time when divorce or death is the furthest thought from their minds. For a Prenuptial Agreement to be valid it must be in writing and voluntarily signed by each person. The Agreement must detail the financial net worth of each person, including income, assets, and liabilities. The Agreement cannot contain any provision that is against public policy, such as a waiver of child support in the event of divorce. A Prenuptial Agreement is desirable when the man or woman have children from another relationship, or significant pre-marital or separate property, or when there is a vast disparity in the couples’ income. Prenuptial Agreements are for anyone who wants to prevent possible litigation over assets in the event of divorce or death. Each person is encouraged to have legal counsel during the negotiation, drafting, and execution of the Agreement. To avoid potential dispute, consider videotaping the signing of the Agreement, or , if necessary, translating the Agreement to one’s native language. Postnuptial or Life Partner Cohabitation Agreement contains many of the same issues and safeguards as a traditional Prenuptial Agreement. Same sex-couples can also consider registering as domestic partners. |
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