Often the best way to avoid the trials and tribulations from a marriage that is ending in divorce is to have a prenuptial or postnuptial agreement. Many will turn to a specialized Reno prenuptial attorney to lay out different circumstances in case a marriage does end in divorce. Gloria Petroni at Petroni Law Group has over 30 years’ experience handling divorce cases and is an expert in both prenuptial and postnuptial matters.
Prenuptial and postnuptial agreements serve the same basic service. Both are contracts entered into between spouses regarding the rights and responsibilities of both parties in the event of a divorce or death. Spouses need to each have his or her own lawyer to maintain the provisions of the contract are fair and can hold up in a court of law.
Before you get married it may be in your best interest, as well as the best interest of your future spouse, to prepare a prenuptial agreement setting out the terms of possession of assets, control of the property, treatment of future earnings, and potential division of such if the marriage is someday dissolved. Prenuptial agreements are especially important for those with substantial assets or debts, stake in a business, children from a prior marriage, potential inheritances, or if there is great disparity in income between the two of you.
Prenuptial agreements are not just for those with a tremendous amount of money or property; anyone can use a prenuptial agreement to protect any property, income, or interest that they have or may have an interest in at some point in the future. Often, a prenuptial agreement provides for certain disbursements of property throughout the marriage, but the primary benefit of such an agreement is the protection it provides both parties in the event of divorce.
A postnuptial agreement is a written contract executed after a couple gets married, or have entered a civil union, to settle the couple’s affairs and assets in the event of a separation or divorce. Most people place a negative connotation on postnuptial agreements because they can signify a lack of trust in your spouse. However, a postnuptial can be a productive way of dealing with all sorts of practical and financial issues that often threaten the long-term viability of a union, and sometimes may even save a marriage.
There are numerous scenarios to think about when deciding if having a prenuptial or postnuptial agreement is right for you. The most common reason couples decide to have a prenuptial or postnuptial agreement is to establish in advance how money and other assets will be shared in the event of divorce. Gloria M. Petroni has significant experience in providing solutions allowing you and your spouse to proactively determine how your finances and other matters will be taken care of if the marriage ends. Parties often do not know that a separate property asset such as a home will be subject to a community property interest of the other spouse if there is a mortgage on the home that is paid with community earnings.
Prior to finalizing a prenuptial or postnuptial agreement, it is crucial that each spouse retain independent legal counsel. After a full disclosure of financial assets and any other relevant information is obtained from both parties, both attorneys will work together to draft a final, equitable agreement. This will ensure that the document is created in the best interest of each party, and will be legally enforceable by a court of law in the event of divorce.
When entering into a prenuptial or postnuptial agreement it is important to allow sufficient time for disclosure of assets, liabilities, and income. Be open and honest when communicating with your partner about your needs. Do not rush into a prenuptial agreement and make sure you think through all the important issues that need to be addressed. A prenuptial or postnuptial agreement can be modified, but there are certain formalities that must be followed. Reno prenuptial attorney, Gloria Petroni, has over 30 years experience handling prenuptial and postnuptial agreements and can help you modify your agreement.
Hire a Reno Prenuptial Attorney
Attorney Gloria Petroni works with couples who wish to establish the terms of a settlement agreement either before or after they are married, in the event that they later decide to divorce or legally separate. To learn more about how we can provide prenuptial and postnuptial agreements tailored to your needs, circumstances, and wishes, please contact our office today at 775-420-4221.