Prenuptial, Postnuptial, Domestic Partnership and Cohabitation Agreements
Divorce rates in the United States remain high. Almost no couple plans to get divorced before they get married. However, in some cases a couple can greatly benefit from some form of relationship agreement, such as a prenuptial agreement, postnuptial agreement, domestic partnership agreement, or cohabitation agreement. By making relationship agreements before marriage about how property and finances should be divided if the marriage ends, parties can potentially avoid expensive and confrontational divorce litigation.
Benefits of these agreements
- protect your separate property
- support your estate plan
- define what property is considered marital or community property
- reduce conflicts and save money if you divorce
- clarify special agreements between you, and
- establish procedures and ground rules for deciding future matter
Disadvantages of these agreement
- It’s not romantic.
- The time may not be right.
- State law may protect you better
When contemplating relationship agreements, a main consideration is whether the agreement will be enforced. Here are a few of the factors that the Court will consider when enforcing such agreements:
- Are the subjects of agreement enforceable?
- Will I be able to support myself?
- Did the parties enter into the agreement without coercion?
- Did each party fully disclose assets prior to entering the agreement?
- Are the provisions fair enough to hold up over time?
Please contact the Law Office of Clifton L. Davidson, LLC for more information on how we can assist you in drafting enforceable agreements.