Prenuptial & Postnuptial Agreement
If you have significant financial assets at stake, you should hire the best Family Law Attorney to help draw up a prenuptial agreement. If this was never done before the marriage then will have to take a different approach and draw up a postnuptial agreement. The experience and creativity of your attorney can make the difference between a property settlement you can live with and one that harms your financial future.
Our proven record, creative thinking, and trial skills prove that we are the right trial team to handle even the most complex marital property division matters. We represent business owners, high net-worth individuals, and professionals in Dallas and Tarrant County
In divorce cases involving significant assets, we use a team of experienced professionals including forensic accountants, business and real estate evaluators, and CPAs to provide assistance in marital property division issues.
Parts to a prenuptial agreement and postnuptial agreement
- Characterization of assets of the community estate and identifying those that are separate.
- Home and real estate valuation – Values vary widely for assets such as these. You will need an experienced attorney to help you best decide how to best protect your interests.
- Business valuation – if one owns a business, be it solely, a partnership, or entity such as a LLC or LLP, is important to be able to place an accurate value on the business. A mistake in the valuation process could significantly decrease your award or wrongfully increase an award to another. Choosing the right professional evaluator for this process is critical.
- Division of retirement accounts such as 401(k) accounts and pension plans.
- Division of all financial instruments such as stocks, bonds, and mutual funds can be complex and assets such as these are typically a large portion of the community estate. Financial Instruments do require special attention and should not be assessed lightly.
- At times, it is important to have a qualified tax specialist to review a high net worth estate to assist in efforts to maximize the community division by minimizing taxable events.
- Separate property and tracing is a very large and important role in most divorces. Remember, it is your burden to trace your separate property, otherwise it is presumed to be community property until your prove otherwise.
- Pre or Post-Marital Agreements. These contracts are animals of their own, which are difficult to draft and often more difficult to enforce. The drafting requirements of these contracts are tricky at best, which makes the enforcement of them a task not to be taken lightly. It’s important to have a skilled lawyer with drafting or litigating prenuptial agreement or postnuptial agreement.