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Division of Family Property

Property Division and Marriage Agreements

With the high statistic rate of divorce these days marriage agreements are more common. They server as a plan for many that they hope they never need. However, such agreements are time and money wasted if not done and executed properly in the first place. Improper execution often results in the marriage agreement being quickly dismissed by the court. Therefore it is essential that your marriage agreement is done right the first time. We have several years of experience helping partners and spouses create marriage agreements that work for them and stay within the parameters law. We will make sure your agreement not only meets your needs, we'll make sure it is done right.

When Can Marriage Agreements be Dismissed

When one spouse brings more assets to the relationships than the other or if the marriage isn't the first marriage, prenuptial agreements are commonly created. However, such agreements can be dismissed if there is evidence that one spouse was pressured into signing such an agreement prior to the marriage. Other conditions that may be considered when bringing the validity of an agreement into question include:

  • the length of the marriage
  • how long the couple lived separate and apart for
  • each spouses need an their current financial standing
  • how fair the agreement seems

Such factors emphasize the importance and need for an experienced representative on your side when the validity of your agreement is questioned. In general the court will want to uphold agreements but at the same time the court will also want to make sure that each spouse can move forward from the relationship financially independent. If your agreement has been put into question or you signed an unfair agreement under duress please contact us. We will evaluate your situation and provide you with strong representation to ensure you get a fair result.

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