Prenuptial agreements are legally binding contracts between two people who plan to be married that explicitly define, in advance, what each party's rights and obligations are with respect to the split of premarital and postmarital assets, property, debt and other issues in the event of divorce.
Prenuptial agreements are often accompanied by many negative stigmas. Deciding to obtain a prenuptial agreement may not be the most romantic idea, but may avert financial disaster in case of the unforeseen event of a divorce or family dissolution.
HD Family Law Group recognizes the importance of proper planning when entering a union as binding as marriage. In fact, Attorney Helen Dukhan has been asked to lecture before the business students at Montclair University on methods of protecting one's business in case of divorce. We provide our clients with the unique service and the advantage of having financial planners and accountants at our disposal to equip us with the proper insights into financial matters.
This includes taking the following into account:
Having a knowledgeable attorney draft your pre or postnuptial agreement is crucial to protect your future financial well-being. Certain retirement assets and pension funds cannot simply be waived in an agreement signed prior to marriage. In fact, some IRS regulations explicitly state that certain assets cannot be waived by anyone not legally a "husband or wife." In these circumstances, a postnuptial agreement must be drafted to supplement the prenuptial agreement in order to protect funds.
Our policy is to represent only one individual when drafting up an agreement. We strongly recommend your partner obtain independent legal counsel and suggest you do not wait until shortly before your wedding date to execute the agreement. Our goal is to limit any opportunity to challenge the prenuptial agreement by claiming he or she was deprived of the ability to consult with counsel, did not understand the terms of the agreement, or signed under fraud, coercion, or duress.
Whether you require a prenuptial or postnuptial agreement, or wish to challenge such an agreement, we take great care in creating personalized documents that will hold up in court. We continuously keep abreast of the laws and trends in the field and are able to serve your needs.
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