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Pre and Post Nuptial Agreements

Clayton Prenuptial and Postnuptial Attorneys

There are many cases where an individual may have incurred a large amount of debt, including student loans, mortgages, and credit card debt. By the same token, many times, an individual has accumulated great wealth. A prenuptial agreement can benefit both spouses and is a good option to discuss before entering into marriage.

Who Should Have A Prenuptial Agreement?

An individual with significantly more assets or wealth than the person they are considering marrying should carefully assess the benefits of a prenuptial agreement. An individual with little or no debt who is marrying a person with significant debt should also consider the benefits and protections of a prenuptial agreement. Additionally, couples entering into second marriages should carefully consider a prenuptial agreement. A prenuptial agreement is a document that protects both persons' assets from being divided if a divorce were to occur and/or it protects the parties from incurring their spouse's debt in the chance of a divorce.

If you are in a situation where a division of assets or debt could alter your future, affect your children, or drastically affect your net-worth, then you will benefit from discussing your case with an attorney from our firm. Both parties can be protected through a fair agreement, and in many situations establishing these guidelines before marriage can open the gates for communication about finances in the future.

Establishing Guidelines

Agreements have varying guidelines, but they can be formatted to meet the needs of a couple. Some may think the agreement favors the wealthier individual, but the law looks to protect both parties and insists that prenuptial agreements be fair, reasonable, and conscionable concerning both parties. To be passed and upheld by the court, the agreement must demonstrate that it is fair to both sides.

Prenuptial agreements will occur before marriage, but for those who have entered into a marriage without establishing some form of an agreement, a postnuptial agreement may be utilized. It is important to work with a professional when formulating a prenuptial or postnuptial agreement so that the terms are satisfactory to both parties and valid when being scrutinized in court. In many situations, a couple entering into marriage will recognize areas of their lives that may be further enhanced by having some form of legal outline developed regarding existing assets and debts.

At Ahearn Kershman, LLC, our firm is dedicated to the well-being of our clients. We believe in the value of one-on-one personal service, as well as specific litigation strategies to fit their needs and desires. Each of our clients has goals that they wish to accomplish. Our goal is to meet the needs of our clients and obtain a favorable outcome.

The Benefits Of A Postnuptial Agreement

A postnuptial agreement is a document that addresses a couple's assets and debts after a marriage has occurred. Unlike a prenuptial agreement, a postnuptial agreement is a contract drawn up and signed after a couple is married. This document can do many things, for example, it can protect you from any debt that your spouse incurs in the new business they are starting. A postnuptial agreement can protect you from incurring or taking on a spouse's existing debt and can protect your assets.

If you have begun a lucrative business or your spouse has incurred serious amounts of debt, then you want to speak with Ahearn Kershman, LLC. Our attorneys will be able to discuss postnuptial agreements with you and advise you on how it could benefit you in the future.

Clayton Divorce Lawyers: Contact Us

At Ahearn Kershman our firm is dedicated to helping our clients through extensive one-on-one personal service. We are focused on seeing your goals and needs met. If you are considering a postnuptial agreement, you will benefit from our legal team's aid. We will advise you as to what assets you should consider and any other issues in your case that you may want to address.


Ahearn Kershman LLC is a Clayton based law firm serving clients throughout St. Louis County, St. Louis City, and St. Charles County.

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