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Practice Areas
Child Custody
Relocation Of Children
Enforcement of Judgments
Modification of Judgments
Non-Marital Agreements

The scope of a pre-nuptial agreement can be as broad or as narrow as the couple wants it to be. Agreements usually govern the use, ownership and disposition of real and personal property acquired both before and after the marriage, whether the marriage terminates by death of a spouse or a divorce.

In the event of divorce, the agreement may provide for a waiver of alimony or provide for amounts payable as taxable alimony or non-taxable support. The agreement may call for the amount of alimony paid or property conveyed to vary, depending upon financial circumstances or the length of the marriage. The amount of property to be received by the less-advantaged spouse usually increases with the length of the marriage. What follows is a list, although clearly not exhaustive, of those subjects which an agreement might address.

  1. Treatment of pre-existing property and assets;
2. Treatment of property acquired after marriage;
3. Treatment of property acquired after the marriage by gift, devise, bequest or inheritance;
4. Purchase of future residences;
5. Treatment of Pension Plans (release of which requires signing documents after the marriage;
6. Treatment of earnings;
7. Payment of joint and separate expenses;
8. Payment of debts;
9. Disability of either party;
10. Termination of marriage either by divorce or death;
11. Duration of the agreement;
12. Filing of tax returns;
13. Maintenance of medical and life insurance;
14. Payment of fees for preparation of the agreement;
15. Delineation of household responsibilities;
16. Payment of legal fees for preparation of the Agreement;
17. Whether the Agreement has a limited life.

Entering a valid agreement requires full disclosure of income, assets and debts. The financial data must be reviewed carefully before the substance of the agreement can be addressed meaningfully. A summary of income, assets (including such uncertain expectancies as inheritances or settlement of a law suit) and debts for each party should be attached to the agreement.

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