I am experienced with a wide range of marital and personal agreements. In all cases, I represent only one party and the other should be represented by an attorney or at least have any agreement reviewed by an attorney of their choosing before signing.
Personal Agreements for couples who choose not to marry, but who want to define and clarify legal arrangements between them, including parentage of children, custody, timesharing, child support, financial matters, household budgeting, ownership of property, separation contingencies and similar issues.
Pre-Nuptial Agreements for couples who plan to marry and who wish to establish in advance the legal arrangements that will control any separation or divorce. Typically, pre-nuptial agreements are used to reaffirm ownership of pre-marital property, define what will be and will not be marital property, agree on future financial arrangements, such as alimony, and division of marital property in the event of a separation and divorce.
Pre-nuptial agreements should be negotiated and signed well in advance of the wedding date – or as one of my colleagues puts it “before you contact the caterer.” Last minute surprises can be disastrous to a relationship and can be grounds for overturning an agreement.
Marital Agreements for couples who are currently married and wish to set out legal agreements on any matters that could be covered by a pre-nuptial agreement or a marital separation/settlement agreement.
Marital Separation/Settlement Agreements for couples who are separating or heading towards divorce, and wish to settle some or all of the legal issues between them without relying on litigation and court-imposed resolutions. Such agreements can cover the full range legal issues including;
- Confirmation of non-marital property;
- Division of marital real and personal property;
- Division of financial and retirement assets;
- Spousal support or alimony;
- Child custody, support, timesharing and parenting;
- Jurisdiction for interpretation;
- Conflict resolution; and
- Any other matters the parties wish to resolve.
A marital separation/settlement agreement is the goal of negotiation, mediation and collaborative process.
All of the above-described agreements are enforceable in court if properly drafted and executed. Content requirements vary by state. For couples who may be inclined towards do-it-yourself documentation, please note that failure to include state-mandated content may render your agreement invalid.