Parties entering into a new marriage are full of hope. No one wants to believe that their marriage may end in divorce but the reality is that parties with substantial assets or obligations from prior marriages should consider a prenuptial agreement prior to getting married. Financial disputes are a leading source of tension in marriages and a prenuptial agreement eliminates a potential source of future conflict. Postnuptial agreements (agreements signed after a marriage rather than before) work in a similar way.
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Courts give great weight to these agreements so long as they are not manifestly unfair. A prenuptial or postnuptial agreement is not manifestly unfair just because it favors one party over another. However, there are certain requirements which must be met for these agreements to be enforced, such as full disclosure, the right to counsel and that the parties were not threatened or coerced into signing the document.
Prenuptial and postnuptial agreements can greatly reduce the amount of litigation that the parties will require in the event of a divorce. However, a prenuptial or postnuptial agreement must be drafted by an experienced attorney to insure that the document is enforceable and leaves no room for interpretation. The family law attorneys at the Gallagher Attorney Group have that extensive experience to prepare a binding prenuptial or postnuptial agreement to protect your interests.