Pre-Nups & Other Marital Agreements

Trust your Pre and Post Marital Agreements to a trusted Naples law firm

People who seek marital agreements (formerly known as postnuptial agreements) or premarital agreements (formerly known as prenuptial agreements), must follow proper procedures and include key statutory advisements to ensure enforceability.

Cardillo Keith Bonaquist can help you with these formalities which must include:

  • The agreement has been signed by both spouses
  • The agreement was entered into without duress
  • Both spouses have access to their own attorney and are given time to retain and get their advice
  • If there is no access to a lawyer, a “Notice of Waiver” is signed stating that rights to support may be waived
  • Finances of both parties must be disclosed, accurate, and made in good faith
  • Non-enforceable terms, such as parenting time or those that violate public policy, are omitted

The heart of any premarital or marital agreement is the division of assets, debts, and other financial interests and liabilities. Parties can agree in advance to divide or not to divide their existing or future assets, whether that asset is legally separate property or marital property.

Assets in question may include, but are not limited to:

  • Real Estate
  • Business Assets or Interests
  • Life insurance
  • Inheritances
  • Retirement Funds
  • Stocks, Bonds & Other Paper Assets
  • Bank Accounts
  • Gifts
  • Tax Liabilities

Responsibility for debts can also be delegated in premarital and marital agreements, such as notes on deeds of trust (mortgage debt), student loans, credit cards, medical bills, judgments, and other legal liabilities. Financial considerations are only part of a complete premarital and marital agreement. Important non-financial terms include choice of venue, choice of jurisdiction, alternative dispute resolution, choice of law, formalities as to notice, and terms relating to estate planning and probate issues, just to name a few. Premarital and marital agreements involve a large number of complex legal issues resulting in large financial stakes. It is for this reason, a trusted resource such as Cardillo Keith Bonaquist is invaluable.

To learn more about how our probate, trusts and estate lawyers can help you prepare your Pre and Post Marital Agreements, contact us online or by calling 239-774-2229.