The art of representing people

Pre/Post - Nuptial Agreements

Practice Leader:

William P. Smith, Jr.
Phone #: 585-987-2808
Fax #: 585-987-2908
Email: wsmith at woodsoviatt dot com
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The attorneys in our group advise clients of the value of well-thought-out pre-nuptial and post-nuptial agreements and other agreements and important considerations in contemplation of marriage from a legal standpoint which goes well beyond fixing terms of dissolution in the event that the marriage should fail.

Pre-nuptial agreements are, in short, written contracts designed to take various matters in to account including but not limited to:

  • Whether the prospective spouses will include one another in wills, trusts, and other survivorship benefits such as life insurance;
  • Whether either spouse would require or waive spousal support in the event of termination of the marriage;
  • Division of real and personal property acquired by either before or after the marriage;
  • Rights and obligations relative to support of minor children;
  • Waiver of estate's rights.

Post-nuptial agreements are binding agreements made between a husband and wife after the marriage has taken place that takes similar matters in to account.

It is important to note that a pre-nuptial or post-nuptial agreement can provide future security to any spouse, one with significant assets and income or one without.

The primary reason for such agreements is for future planning and security including avoidance of expensive litigation in the event that unplanned and often undesired events take place.

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PDF File May 2010 Firm Newsletter



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