Morristown Prenuptial, Pre-Civil Union Agreement Lawyer
A Prenuptial or Pre Civil Union Agreement can be beneficial to anyone who is interested in protecting premarital assets. During the process of establishing the premarital agreement, it is necessary that each party is honest in identifying and disclosing all property and assets each spouse will bring to the marriage or civil union. Contributions can be financial or through other means. In the event of a divorce or dissolution of a civil union, an effectively drafted prenuptial agreement can protect premarital assets and provide structure for the settlement agreement.
The law requires that each party to a Prenuptial Agreement have separate legal representation.
If you are interested in a prenuptial agreement, you should begin the process well before the wedding. Contact attorney Frank Grather at our firm to arrange a consultation.
Do Not Overlook the Need for a Prenuptial Agreement
Mr. Grather has been practicing law since 1965. The divorce rate has increased dramatically since 1965, and the need for a prenuptial agreement cannot be overlooked. Every Prenuptial Agreement to be enforceable must:
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Be in writing.
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Be signed by both parties.
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Contain full and fair disclosure of the earnings, property, and financial obligations of the other party.
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Be the product of separate legal consultation.
A Prenuptial Agreement can be beneficial for both parties and addresses issues including:
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- The disposition of property upon separation, marital dissolution, dissolution of a civil union, death, or the occurrence or non-occurrence of any other event;
- The modification or elimination of spousal support or one partner in a civil union couple support;
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- The ownership rights in and disposition of the death benefit from a life insurance policy;
- The choice of law governing the construction of the agreement; and
- Any other matter, including their personal rights and obligations, not in violation of public policy.
Litigating Prenuptial Agreements
With his extensive experience in complex matrimonial litigation, Mr. Grather offers unprecedented legal counsel to people who encounter disputes over prenuptial agreements. He represents clients at federal, state, and appellate levels. Litigation regarding a prenuptial agreement is generally required after a person dies. The point of contention is whether or not the prenuptial agreement is enforceable. This may also run concurrent with probate litigation.
Contact Mr. Grather to arrange a consultation for review or drafting of a Prenuptial Agreement or Pre-Civil Union Agreement.
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