Our attorneys assist individuals who are contemplating marriage (pre-marital or prenuptial planning) and who wish to protect their separate property from division and claims by a future spouse in the unfortunate event of an unanticipated divorce or untimely death after marrying. This separate property may be inherited or earned wealth that a party brings to the marriage (common with second or multiple marriages), significant family business interests that a party may hold or acquire, or a future inheritance that one party anticipates receiving from parents or other relatives. Similarly, we help those who are already married (post-marital or postnuptial planning) and wish to protect separate assets they have brought to the marriage but, for whatever reason, did not seek to protect these assets prior to getting married. We represent either party to the (contemplated or existing) marriage, whether the wealthier or less wealthy party, with the development and negotiation of the relevant agreement between the parties, including (1) assuring that our client is entering the agreement freely and voluntarily, without any duress, coercion or undue influence by our client’s (future or current) spouse; (2) determining what constitutes each party’s separate property and marital property; (3) addressing a client’s statutory rights to spousal property (and negotiating any subsequent waivers of those rights); (4) ensuring each party fully discloses income, assets and liabilities; (5) defining and negotiating a client’s future alimony and child support obligations (to the extent permissible); and (6) coordinating a client’s relevant estate planning documentation and tax considerations.
The documents we typically prepare and negotiate are as follows: