Nuptial Agreement Litigation

Attorney Vitek provides legal representation in divorce actions where there is an existing pre-nuptial or post-nuptial agreement. The pre-nuptial agreement is a written contract between the parties who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved. These agreements are fairly common if either or both parties have substantial assets, children from a prior marriage, inheritances, higher incomes.

The post-nuptial agreement is a marriage contract created anytime after the marriage. Legal recognition of post-nuptial agreements vary by state, so local laws should be consulted for specific requirements. The following are a few examples of what may be included in a post-nuptial agreement: identification of all assets, liabilities, income, and expectations of inheritances and/or gifts; they may describe responsibilities for post-marital debts; and/or, they could specify how to treat post-marital property, as well as the appreciation, gains, income, rentals, dividends and proceeds of such property in the event of death or divorce.

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