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Protecting Your Rights With A Prenuptial Agreement Or Postnuptial Agreement

No one wants to think about getting divorced before they even get married. But just because you have a prenup agreement, does not necessarily mean that you are going to get divorced. Creating a prenuptial agreement just means that you’ve thought about protecting your assets and your legal rights. If you need a prenuptial agreement lawyer, our family law attorneys at Sammons Olivero & Paraschos in Huntington have over 40 years of combined experience protecting the rights and assets of parties in separation and divorce.

What Can A Prenup Agreement Do In West Virginia?

A prenuptial agreement (prior to a marriage) or a postnuptial agreement (entered into after the ceremony, or a revision of a prenuptial agreement) is a document that will protect your assets in the event of a death or divorce. A prenup agreement can identify and address any marital financial aspect, including:

  • Identify and agree on the distribution of marital property between the spouses in the event of divorce
  • Identify and address spousal support and alimony in advance of a divorce
  • Address what will happen to the debts of either spouse in the event of creditors
  • Address property inheritance for children from a previous marriage in the event of a death
  • Protect family and separate property, like family inheritances

A prenup or postnup agreement cannot anticipate or address child custody designations or child support obligations in the event of a divorce.

The Enforceability Of Prenup Agreements In West Virginia

While a goal of a prenup agreement is to never have to need it, in the event that you do, it’s important to ensure that it is enforceable. Any sort of illegal clause could jeopardize the entire agreement. In addition, neither party can be under stress or duress when they sign it. A prenup cannot be coerced. Our family law attorneys at Sammons Olivero & Paraschos can help you draft a prenup, enforce a prenup or challenge the validity of a prenup.

Schedule A Consult With A Prenuptial Agreement Lawyer Today

Our prenup agreement lawyers are available by appointment only. To schedule an initial consultation appointment, contact our office by calling 304-522-7730 or by sending an inquiry through our online form. Our attorneys look forward to answering your questions and telling you more about how we can help you with your legal issues.