West Palm Beach Antenuptial Agreement Attorney
Traditionally, marriage contracts have been divided into two categories, antenuptial agreements and post nuptial agreements. Antenuptial agreements are entered into in contemplation of marriage. Postnuptial agreements are entered into usually in contemplation of separation or divorce. This article will focus on antenuptial agreements.
purpose of antenuptial agreement
The purpose of an antenuptial agreement is to achieve certainty and predictability with respect to the marital relationship. An agreement must be thorough and tailor-made to each couple's unique situation. The agreement should cover the following:
- Anticipation of such future events as birth, death, illness, remarriage and changed financial circumstances;
- Properly labels and defines the types of payments provided I. E. alimony.
- Limits the circumstances under which there may be modifications.
- Clearly provides for the transfer of property;
- Takes advantage of the best available tax planning.
The law offices of West Palm Beach Antenuptial attorney, Stephen J. Press is highly experienced and creative in the drafting of antenuptial agreements in order to protect their clients rights. It is extremely important to have an experienced and knowledgeable antenuptial agreement attorney to ensure that the agreement is drafted pursuant to the legal requirements. Furthermore, our office are experienced litigators and trial attorneys are fully prepared to defend your antenuptial agreement in cou
Enforceability of Antenuptial Agreements
For antenuptial agreements to be enforceable there must be a full, frank disclosure as to the value of each perspective spouse's assets and income. The agreement may be upheld by a court in the event of a divorce upon either of two grounds:
- Reasonable provision is made for the less secure spouse; or
- If the less secure spouse entered into the agreement with an understanding of the rights waived and knowledge of the assets of the wealthier party.
A spouse may set aside a prenuptial agreement by establishing that it was reached under fraud, deceit, duress, coercion, misrepresentation or overreaching. The law offices of West Palm Beach antenuptial agreement attorney Stephen J. Press is fully prepared to the either defendant your antenuptial agreement in court or, if appropriate, seek to set aside the agreement when it is in the clients best interest.
Temporary alimony and attorneys fees prior to the divorce final judgment cannot be waived by an antenuptial agreement. However, a party by agreement may waive all right to alimony and may agree not to modify alimony.
An agreement may provide for and define how marital assets and debts will be distributed upon divorce. Furthermore, an agreement may provide for the waiver of any interest in each spouse's estate. No two client financial situations are the same. Therefore it is important to consult with an attorney who doesn't rely strictly on a form when drafting an antenuptial agreement. The law offices of West Palm Beach antenuptial agreement attorney, Stephen J. Press, structures each agreement to the specific needs of the client.
Because of the complexities in drafting comprehensive and valid antenuptial agreements it is advisable that each spouse be represented by their own counsel. Please call our office at 561-833-2772 for a free consultation or contact us online.