When you consider that about half of all marriages in the United States end in divorce and that people are getting remarried or are marrying later in life after they have already acquired assets, it is easy to see why a prenuptial or postnuptial agreement may be beneficial. Such an agreement can act as an insurance policy, outlining what will happen with property and assets in the event of a separation or divorce.
Levine Law Center can help if you are interested in drafting a prenuptial agreement or postnuptial agreement, or if such an agreement has been presented to you by your fiancé or spouse.
Contact us at (503) 208-3459 to schedule a consultation with our prenup lawyer in Portland and find out more about prenuptial and postnuptial agreements.
A prenuptial agreement, or prenup, is essentially a written contract between two people who are getting married. In the past, prenuptial agreements were rare and were often only used by the wealthy. Today, more people are seeing the benefit that a prenuptial agreement can provide, particularly when remarrying or marrying after they have purchased a home or acquired other assets.
A prenuptial agreement will typically list:
A postnuptial agreement is similar to a prenuptial agreement, but it is entered into after marriage. Both postnups and prenups will contain the same amount of details and will cover similar details about property and how it would be divided in the event of divorce.
A prenuptial or postnuptial agreement may provide various benefits for you and your family, such as:
Anthony Stuart joined the Levine Law Center team in 2019 and is admitted to practice law in Oregon and Florida (presently inactive). He started his legal career in Florida and first started practicing family law alongside a complex business and family immigration law practice. After moving to Oregon in 2015, Anthony established a new law practice dedicated to working with small to medium-sized enterprises on regulatory matters, governmental affairs, mergers and acquisitions, and corporate governance.
A postnuptial agreement is a crucial document for married couples who want to clearly define their financial rights and responsibilities. While each agreement is tailored to the couple’s unique circumstances, several key elements should be considered when drafting a postnuptial agreement in Portland.
First and foremost, the agreement should detail the division of assets and property. This includes both marital and separate property, such as real estate, bank accounts, investments, and personal belongings. Clearly outlining what belongs to each spouse helps prevent disputes in the event of a divorce or separation.
Debt allocation is another essential component. The agreement should specify how existing debts—such as mortgages, credit card debt, and student loans—will be handled. It can also outline responsibility for any future debts incurred during the marriage.
Spousal support, or alimony, is often addressed in a postnuptial agreement. Couples can agree on whether one spouse will receive support in the event of a divorce and, if so, how much and for how long. This can provide financial security for both parties and reduce the uncertainty of future legal battles.
If the couple has children, the postnuptial agreement may include provisions related to child custody, support, and visitation. While courts always prioritize the best interests of the child, having these terms outlined can help set expectations.
Finally, a postnuptial agreement should include clauses addressing the division of retirement accounts, business interests, and inheritance rights. These factors are particularly important for couples with complex financial situations or blended families.
Our Portland prenuptial agreement attorneys understand the importance of a clear and legally sound agreement and can use our family law and divorce experience to make sure your interests are fully protected.
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Interested in learning more? Contact our Portland prenuptial agreement lawyers at (503) 208-3459 to schedule a consultation today.
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