Prenuptial Agreements - General information
United States Prenuptial Agreements written exclusively for American citizens who will marry foreign citizens
The Prenuptial Agreement is Written for: the laws of your state, US law, the U.S. Uniform Premarital Agreement Act, U.S. community property states, and U.S. equitable distribution states. It includes all important case laws, from all states, that effect prenuptial agreements. It is all encompassing, extensive, meticulously detailed and comprehensive. It is written with an insightful awareness of the realities of divorce and the standard procedures and practices of the family court. Our prenuptial agreement is a tested and proven document that has never failed our clients.
What Will the Prenuptial Agreement Protect?
A Prenuptial Agreement That is Properly Created protects: all of your income and assets acquired during and before your marriage: pensions, all savings, your home, business interests, IRA, 401K, stocks, accounts receivable, bonds, investments of any type and wherever located, any and all property/assets of any type or nature and wherever located, the appreciation of assets, any and all personal property, income and proceeds of any type, derived from any source, and protects you from paying alimony, also known as spousal support. A prenuptial and postnuptial agreement is also necessary to protect your estate and assure that your bequests are distributed to the inheritor’s according to the terms of your Will. If you don’t have a properly written prenuptial or postnuptial agreement, your Will can be revoked by a surviving spouse, based on the laws of “Elective Share” and “Homestead”. These laws are statutory rights afforded to a surviving spouse in every state.
I Need To Be Sure My Assets Are Protected. What is your Track record With Prenuptial Agreements?
We Are Prenuptial Agreement Experts: In the last decade we have created over 500 prenuptial agreements, this includes the creation of prenuptial agreements for each of the 50 states. 500+ prenuptial agreements is a comparatively large number. A busy U.S. family law firm or divorce lawyer typically creates the same number of prenuptial agreements in a year what we create in a month. We create a lot of prenuptial agreements for 2 reasons, first we are well known for creating quality prenuptial agreements, second we process a lot of U.S. immigrant visas for foreign citizens who will marry American citizens upon their arrival in the United States. Many of our clients have already experienced a U.S. divorce and insist on a prenuptial agreement to avoid a repeat of the emotional trauma and financial devastation. A substantial number of our clients want to protect their assets to support their retirement, their children’s inheritance, and/or protect the financial interests of their business partners.
The experience gained having created such a large number of prenuptial agreements has resulted in an expertise that enables our ability to provide you with a prenuptial agreement that will fully protect you and that can not be over turned by the court.
In the last decade and a half we are aware that a reasonable percentage of our clients have divorced. We can also inform you that our prenuptial agreements have been utilized in all cases and have never failed to provide the full protection as stipulated in the agreements. In all cases the agreement has served exactly as intended and agreed upon by the parties’. For example: the prenuptial agreement has the parties’ agree to the following: “If dissolution proceedings are filed by either party, both parties’ agree to ask the court to approve this prenuptial agreement as the parties divorce settlement agreement and agree to proceed to an uncontested divorce. By the execution of this agreement, both parties’ unconditionally agree to petition the court for an uncontested divorce. Both parties’ agree that under no circumstances shall either party petition a court for a contested divorce or contest the terms of this agreement.”
Are all prenuptial Agreements the Same? Are There Differences in the Quality of Prenuptial Agreements?
9 out of 10 Prenuptial Agreements are poorly crafted, indefensible, unconscionable, legally invalid documents that are voided by the family court.
A properly created prenuptial agreement is a sophisticated, intricate, complicated, extensive, multifaceted, highly developed and complex document. A prenuptial agreement that is not sophisticated, extensive, meticulously comprehensive and complex is a useless, indefensible, and voidable document that will fail to provide the intended protection and will be set aside by the court in its entirety.
Monies spent on poorly written, low cost prenuptial agreements might just as well be flushed down the toilet.
I Am Not Wealthy, So Why Do I Need a Prenuptial Agreement? What Will My Spouse Get if We Divorce?
Without a Prenuptial Agreement, if Community Property Laws Apply To Your State, Your Spouse is Entitled to Half of Everything You Earned or Acquired During Your Marriage: An assumption that a simplistic and low cost prenuptial agreement will be adequate where there are limited assets, is an indication of a poor understanding of how prenuptial agreements work, and/or the laws that regulate them.
We will explain: prenuptial agreements (that are properly created) will protect assets and income that either party acquires during the marriage.
When you divorce without a prenuptial agreement, community property laws entitle your spouse to half of
everything you earned (50% of your salary, any monies earned or received from any source, and monies saved or invested in pensions, IRA, 401K, etc.) or acquired (appreciation of real estate, increases in value of stocks, investments, value of collectables, etc) during your marriage. (unless acquired through gift or inheritance)
Example: 5 year marriage: Let’s assume your income for each of the 5 years was 75K. The total amount due to your spouse at the time of divorce based on 50% of your income of 75K per year is $187,500.00. If you have property that was purchased before you were married and said property appreciated in value at a rate of 5% per annum over 5 a year period, and the appraised value of your property at the time you were married was 400K. The amount due your spouse at the time of divorce based solely on the appreciation of the value of your property is: $110,535.13. The total due your spouse based on your income, earnings and appreciation of your property is: $298,035.13. Your spouse will also be entitled to one half of your pension benefits, or the amounts invested in your pension and retirement savings plans during your marriage. What happens if you do not have $298K set aside to pay your spouse? The court could order you to sell assets, make payments, or both. In most cases the court will also order the payment of alimony. You will continue to support your ex-spouse in the style in which she/he was accustomed during your marriage. In other words: you will provide her sufficient funding to enable her to continue to enjoy the same lifestyle which she/he enjoyed during your marriage.
A Prenuptial Agreement is Marriage Insurance.
If you own a house you WILL have homeowner’s insurance, including fire insurance, there is no question about. You don’t expect your house to burn to the ground, and statistically an American man is much more likely to divorce than to loose his house in a fire.
But an American man would be in a state of panic if his homeowner’s insurance lapsed and he was without insurance. Whether a divorce without a prenuptial agreement or house fire without insurance, the financial lost is devastating, and you can loose your house in either case. A prenuptial agreement is like an insurance policy, after you create it [once] you file it and hope you never need it. (The average annual cost of homeowners insurance is between $990 and $1,771. Over a 5 year period the average cost is $4,950 to $8,855. You could compare this cost to a 5 year marriage a prenuptial agreement that cost $5,500 – $7,500.)
Everyone is in love when they get married. No one thinks “I’m getting married but I know I will get divorced”. But here are the facts:
Divorce Statistical Facts:
First marriage: 41% current rate of divorce
Second marriages: 60-70% current rate of divorce
[Example: in the state of Florida in 2011 there were 9.4 marriages per every 1,000 people, and 5.1 divorces per every 1,000 people] Florida divorce rate for 2011 = 54.25%
A properly created prenuptial agreement is a sophisticated, extensive, and complex life preserver.
We have created prenuptial agreements for clients with assets ranging from $50K to $50 Million. All of the prenuptial agreements we create provide complete protection, and can not be voided.
The importance of competent, experienced representation for the creation of prenuptial agreements can not be understated.
Upon engaging our firm to provide you and your fiancée with a prenuptial agreement, we will provide you with information about how to talk with your fiancée about the prenuptial agreement in such a way that she/he will accept and agree with your need for the agreement.