Pre/Post-Nuptial Agreements
Pre and post nuptial agreements are not only for the rich and famous. Especially now that people are getting married later in life, and may have accrued their own assets and debt before marriage, a pre or post-nuptial agreement is an important planning tool to avoid costly litigation and additional heartache in the event of a divorce. We understand that nobody wants to plan for divorce. Our take is that it is much easier (and cheaper!) to make decisions about the future when you’re still in love, as opposed to after someone has already moved out. The pre-nuptial agreement process also has the added benefit of making sure that both individuals understand their partner’s financial situation before marriage.
Pre/Post Nuptial Agreements may address:
- Spousal support
- Separate and marital property designation
- Property distribution upon divorce
- Benefits upon death
- Allocation of debt
Pre/post nuptial agreements cannot address child support or custody issues, which must be decided at the time of divorce via a separation agreement or judicial hearing. It is also important to note that each party must be independently represented by separate counsel to enter into a pre/post nuptial agreement.
We have assisted numerous couples create agreements that reflect their preferences and offer protection in the event of a divorce. Schedule a free consultation with us to discuss how a pre or post nuptial agreement can best serve your needs.
Co-Parenting Agreements
A co-parenting agreement is an agreement between adults who have decided to raise a child together. Co-parenting agreements can be particularly helpful if you are thinking of polyamorous parenting or raising a child with another parent outside the context of a committed relationship. A co-parenting agreement is an effective way to define how the parenting relationship will work, and enables co-parents to outline parameters regarding contributions to childcare, in addition to other issues, including, but not limited to:
- Parenting time schedule
- Education
- Religious upbringing
- Healthcare
- Diet and nutrition
- Holiday/school break schedule
- Traveling with the child/children
- Parent’s ability to move
Because co-parent agreements are customizable to the preferences and goals of the co-parents, they may also address an array of other issues. A co-parenting agreement is a great tool to ensure that children are brought up in a cooperative environment. In order to ensure a thorough negotiation process where both co-parents are properly informed, each co-parent must be independently represented by separate counsel to enter into a co-parenting agreement. Book a free consultation with us today to discuss a co-parenting agreement that fits your needs.
Embryo Disposition Agreements
It is a good idea for intended parents who have frozen embryos to execute an embryo disposition agreement addressing what will happen to the remaining embryos upon death or divorce (you don’t want to leave this up to a judge!). Think of this agreement as a pre or post-nuptial agreement for embryos (though you do not need to be married to execute one of these agreements).
In the event of a break-up or divorce, intended parents may choose to award the embryos to either party, destroy the unused embryos, or donate them to a medical facility for research purposes. You can also choose to donate embryos to a matching agency or a third-party so that another family can have children. Intended parents can designate what each party may do with the frozen embryos after the dissolution of the relationship. Additionally, these agreements may address what happens to the embryos upon the death of either parent, or both, and whether each parent intends to be considered a legal parent after death for the purposes of survivorship benefits and inheritance. Both parents need to be independently represented by separate counsel when entering into an embryo disposition agreement.
Check out these blogs for more information!
The Challenges of Informed Consent in IVF Procedures
How to Address Embryo Disposition in Divorce Settlements