Prenuptial and post-marital agreements

Prenuptial or post-marital agreements are primarily designed to control the division of property in the event of divorce, but may also control the disposition of property upon the death of one of the spouses.

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In the absence of a prenuptial or post-marital agreement, the courts will decide on the appropriate division of property considering a number of different factors such as the contribution of each spouse in the acquisition of the property, the duration of the marriage, the economic circumstances of each spouse, the appreciation of any property. Although the courts will strive to divide property and debts in an equitable fair manner, this will often frustrate the expectations of one or more of the parties.

A properly drafted prenuptial agreement (also known as an antenuptial agreement) will:

  • Define ownership of premarital assets
  • Planning for appreciation of premarital assets like businesses and properties
  • Determining which assets will be jointly held
  • Specifying different outcomes based on marriage duration
  • Addressing post-marital debt
  • Limiting any amount of alimony or maintenance a court can award.

Post-marital agreements are legal documents that can clarify important details of a divorce and establish what will happen to marital and premarital assets and debts. Our attorneys can assist you in addressing matters of:

  • Child custody, child support and alimony
  • Premarital businesses
  • Premarital real estate assets
  • Inheritances and gifts
  • Personal injury settlements
  • Premarital and post-marital debt
  • Estate planning documents

Our attorney’s take great care in drafting an agreement that is enforceable and will not be regarded by the court as unconscionable. This takes planning and full disclosure of all assets and liabilities between the parties upfront so that no one can claim lack of disclosure, fraud, or even duress as arguments to invalidate the prenuptial agreement.

Family Law and Divorce attorneys serving you in Louisville

Our practice is in large part dedicated to guiding our clients and providing effective and thoughtful solutions involving the full range of family law issues. We listen to your goals, develop an action plan tailored to your needs, and then set out on the methodical implementation of a strategy that is designed to achieve those objectives.

Contact our Jefferson County family law firm today.

Call us at 502-208-5170 in the greater Louisville area and for across the Kentucky state area or email us for an initial consultation at reduced rates.