Goldstein & Scopellite, PC will work with you or as a couple if you wish to establish the terms of a settlement agreement to protect assets, before and after they are married — these agreements are drafted to protect the parties in the event that they later decide to divorce or legally separate. While these kinds of agreements are often frowned upon by society, working out a prenuptial (premarital) agreement before marriage or preparing and signing a post-nuptial agreement after the fact, can be very practical and can minimize arguments and legal fees, later on.
Working out the terms of a potential marital settlement in advance — especially if your joint and separate assets are complex and/or vast — allows you and your significant other to decide for yourselves how you wish your assets and debts to be divided or used during your marriage, and should you later separate or divorce.
Even though you are working on your agreement as a couple, our office can represent both parties, however, it is important that each of you has his or her own family law attorney to represent you and your interests while drafting the document, or that the other party at least has someone look at the agreement to ensure your rights are protected. If you do not want your own attorney, the attorney drafting the agreement will need to obtain a waiver. You will also need to ensure that your agreement with your fiancé, fiancée, or spouse is drafted correctly in the event that you do get divorced or become legally separated. Premarital and post-nuptial agreements are legal contracts that are enforceable by law, are in most cases upheld, and can prove challenging to contest later.
A prenuptial agreement addresses in specific terms many matters, including the following:
A comprehensive prenup can help avoid disagreement or conflict later on.
Married couples who have decided to create post-nuptial agreements are considered fiduciaries of each other, and they are therefore required by law to provide each other with full disclosure of all information and issues pertaining to the drafting of the post-nuptial agreement while they are married and before any divorce proceeding takes place. The terms that can be settled by a post-nuptial agreement are similar to the ones included in a prenuptial agreement.
In the event that you have signed a prenuptial or a post-nuptial agreement that you now wish to challenge because your spouse did not disclose all of his or her assets or debts, you were unfairly pressured into signing the agreement, or you were deceived into signing the contract, our experienced attorneys will help you in reviewing the documents and the facts, and they will assist you in challenging the terms of a defective prenuptial or post-nuptial agreement and, if necessary, litigate your matter in court.
We also represent clients who wish to enforce the terms of their prenuptial or post-nuptial agreement that a soon-to-be ex-husband or ex-wife may now wish to contest.
Call the pre-marital and post-marital agreement attorneys at Goldstein & Scopellite, PC today at 520-365-3185 or contact us online to schedule a consultation at our Tucson, Arizona office.