Protect your best interests before a divorce with a properly drafted pre-nuptial agreement
Considering how many marriages end in divorce these days, it makes sense to have a plan in place for this eventuality. That way, both parties can enter into the marriage with an understanding of how their assets and responsibilities will be divided in the event of a divorce, resulting in a much less contentious and stressful divorce proceeding. As an expert divorce attorney, Kendall Gkikas & Mitchell, LLP can help you anticipate the issues that may be contested in a divorce and draft a valid pre-nuptial (or prenuptial) agreement to address those issues.
Common Reasons for Pre-Nuptial Agreements
The main purpose of a pre-nuptial agreement is to clearly outline expectations and responsibilities that will apply in the event of a divorce. These agreements are commonly used to identify separate property prior to a marriage and keep that property from becoming communal; to preserve the inheritances of children from prior marriages; and to set pre-determined amounts of spousal support. Pre-nuptial agreements are most often found marriages where there is a large wealth discrepancy between partners or when one or both partners have many assets and properties.
How to Properly Draft a Pre-Nuptial Agreement
In order to be considered valid by a court, your pre-nuptial agreement needs to be properly drafted. Some of the requirements for a properly drafted pre-nuptial include:
- Proof that the agreement is entered into by each party’s free will
- Offering sufficient time for each party to review the agreement
- The disclosure of all separate property
If any of these requirements are violated, the court may throw out the agreement and issue its own orders for property division, which will likely be much less favorable to the party originally requesting the pre-nuptial.
Why Trust Kendall Gkikas & Mitchell, LLP with your Pre-Nuptial Agreement
At Kendall Gkikas & Mitchell, LLP, we have ample experience in divorce cases involving pre-nuptial agreements. This experience can be leveraged in two important ways. First of all, having seen how and why these agreements can fail, we can help you draft a strong pre-nuptial agreement that will stand up to scrutiny in court. Secondly, as your divorce attorney, we can utilize our superior research and evidence-gathering skills to help you fight back against an unfair pre-nuptial agreement and get the share of assets and property that you truly deserve.