Prenuptial Agreements Written for the United States of America
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.
Our prenuptial agreements are written exclusively for American citizens who will marry foreign citizens.
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.
Alimony & Spousal Support: If you do not have a prenuptial agreement there is a very high likelihood that you will pay alimony. Most states require you continue to support your former spouse after marriage in the style in which he/she was accustom during your marriage. For marriages of 10 years or more it is a certainty that you will pay spousal support if you do not have a prenuptial agreement.
Pensions, IRA, 401K: With no prenuptial agreement your former spouse will be awarded one half of the monies you earned during your marriage that was invested in your pension, IRA, 401K, or any type of retirement savings plan. This typically results in insufficient funds to support a retirement.
A Spouses Homestead Rights in Your Property: Almost all states afford a spouse with the right to continue residency in a primary domicile upon the death of the homeowner spouse. For example: under Florida law, when a homeowner does not have a prenuptial agreement, a spouse has an automatic life estate in and to a primary domicile upon the death of the homeowner spouse. In addition, a widow/widower has the option to sell the primary domicile retaining half of the proceeds of the sale with the remainder of the proceeds passing as a testamentary distribution according to the terms of the homeowners will.
Rights of Dower: Under U.S. marriage law, dower refers to a wife’s right to control any and all properties owned by her husband, even if she has no ownership interest of her own in and to the properties of her husband. In the absence of a prenuptial agreement, a wife who exercises her rights of dower, can exercise management control of said properties in opposition of the husband’s wishes, or can block the sale of a home or property of her husband, even though she has no ownership interest in and to the properties. In the absence of a prenuptial agreement, if a husband sold a property without his wife’s knowledge or permission and the husband later died, the wife could claim a one third ownership interest in the property which would result in decreasing the new owner’s ownership share to two thirds.
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, or worse, be entirely set aside by the court.
Poorly written prenuptial agreements will be voided by the family court. Monies spent on poorly written, low cost prenuptial agreements might just as well be flushed down the toilet.
Monies saved on poorly written prenuptial agreements, that are somewhat properly created, but are lacking comprehension, will end up costing far more than the initial savings realized when it was initially created.
Proper Execution: A prenuptial agreement must be properly prepared and executed in order for it to be legally valid and enforceable. An omitted execution procedure will result in a prenuptial agreement being voided by the court. If an agreement does not meet all legal standards and requirements, it will be voided. Some examples: 1). Your fiancée must be represented by adequate counsel, a speaker of her/his native language. 2). Your fiancée must have the agreement in her/his hands not less than 7 days before signing it. 3). Your fiancée must be provided with the agreement in both his/her native language and the English language. 4). Some states require the prenuptial agreement to be recorded in any jurisdiction where either party has an ownership interest in real property. 5). There must be an absence of duress or coercion, 6). There must be full disclosure, 7). The agreement can not be unconscionable, 8). The agreement can not be executed on the eve of the wedding, or at a point in time when the wedding can not be reasonably called off, etc. These examples are only a brief sampling, of extensive legal requirements that, if overlooked, will result in the agreement being voided by the court.
What Will My Wife 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 wife? 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-wife in the style in which she 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 enjoyed during your marriage.
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 will accept and agree with your need for the agreement.
Contact us for more information about prenuptial agreements including costs.