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Step 1: Consultation

Schedule a no-hassle free consultation with an attorney. Your free consultation is strictly confidential meaning you should be honest and upfront about the information that you provide the attorney. Take this opportunity to ask all of the important questions that you might have so that you can decide if a prenuptial agreement is right for you.

Step 2: Preparation

Once you have given the green light, your attorney will request all the important personal information from you that is needed to draft your customized documents. Once your attorney has received all of the necessary information, your document drafts will be provided in just a few days. Expedited services are available for an additional charge and may be required if your wedding date is right around the corner.

Step 3: Finalization

Within a few short days the first draft of your documents will be sent to you for review. If any of the wording needs a technical revision, your attorney will be sure to make the changes for you. This is all included in our flat fee*. Once your documents are finalized, you will be provided with specific instructions on how to properly sign them. Don’t forget to keep your documents in a safe place!

*Most of our prospective clients are quoted a price based on a flat fee structure instead of being required to pay a large upfront retainer and being charged at an hourly rate. The attorney will be able to provide a price quote after at the time of consultation and decide whether a flat fee structure would be most suitable given the prospective client’s needs.

FAQs (Frequently Asked Questions)

What are postnuptial agreements for?

Individuals today have certain assets that they’ve acquired or accrued prior to or during their marriage that they would like to protect in certain circumstances such as divorce, legal separation, or even the death of their spouse. These assets may include business interests, an inheritance, but more commonly consists of real estate, savings, retirement, pensions, and/or 401k accounts. No one gets married with the intention of ever having to go through divorce, but the reality is that divorce happens. Unfortunately when divorce happens, what usually follows is a prolonged legal battle over who gets what, with hefty legal costs, and capped off with a final decision made by a family law judge as to how your marital property will be divided (HINT: it may not always 50/50 or right down the middle).

As a result, couples will often choose to opt for postnuptial agreement (also referred to as “postnup agreement” or “postmarital agreement”) prepared and signed after their marriage in order to ensure that they will be able to walk away with the assets that they spent their sole time, energy, and effort in obtaining or received from someone else, while limiting the emotional strain of appearing in court for divorce proceedings, as well as the likelihood that thousands of dollars will be spent on unnecessary legal expenses.

What are some of the common issues that postnuptial agreements address?

  • Real and Personal Property, such as real estate, furnishing, or vehicles

  • Business interests, including profits, dividends, distributions, profit-sharing plans, royalties

  • Financial assets, such as earned income, checking accounts, savings accounts, brokerage or mutual accounts

  • Retirement accounts, including pensions or 401k accounts

  • Inheritances or life insurance policies

  • Alimony or spousal support

  • Separation of debts (student loans, mortgage, or existing child support obligations)

  • Attorneys’ Fees & Costs

Does a postnuptial agreement need to be drafted by an attorney?

In most cases it does not, but an individual considering a postnuptial agreement should always consult with a licensed attorney in their state of marital domicile (meaning the state you are living in as a married couple). It’s worth highlighting the benefits of engaging a postnup attorney to accomplish this task:

  • Your postnup attorney will consult with you and identify your goals & objectives in preparation of the postnup agreement
  • Your postnup attorney will have an understanding of the law and recent court decisions that may impact certain provisions within the postnup agreement
  • Your postnup attorney will explain the provisions within the postnup agreement and advise you on how you should conduct your affairs in a manner that is consistent with the language of the agreement
  • Your postnup attorney can answer questions related to how your postnup agreement interacts with or may affect your estate plan

Can’t I just download an agreement online for $10?

It’s certainly your prerogative to go this route, but what you should note is that postnuptial agreements are state-specific documents. What this means is that states have differing laws on how they treat certain marital events, such as divorce, separation, or death of a spouse during the marriage. How can you be sure that the document that you are downloading has been properly vetted? One-size-fits-all agreements that can purchased online for a few dollars can produce an unintended result should the spouses ever need to admit the document into a judicial proceeding. We would never categorize postnuptial agreements as do-it-yourself documents due to the simple fact that a single error or omission can easily turn into a few thousand dollar mistake if the parties were to ever separate or a spouse were to pass away during the marriage. It’s best to err on the side of caution by paying a lawyer a little bit now, instead of a whole lot later when it’s time to explain your position to the judge. At some point you have to ask yourself whether it’s worth the risk of going down that road on your own.

CONTACT US TODAY AND GET STARTED
WITH A FREE CONSULTATION

 

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CALL US