When changes in personal circumstances occur, whether because a marriage is ending or because of the passing of a family member, quality legal help is essential. Navigating the difficulties of legal issues while dealing with personal problems of divorce or death only make those issues more burdensome. Our experienced litigators can assist you with these changing circumstances, from the beginning of the process until the final judgement.
Numerous problems arise when life circumstances change, whether they are with or without intent. These types of problems include:
Despite what is regularly believed, an agreement after a marriage becomes official is still possible, even if no prenuptial agreement was executed. Postnuptial agreements can have the same force and effect as a prenuptial agreement and can be executed anytime. Both prenuptial and postnuptial agreements have similar requirements: that the contract be in writing (verbal agreements are not valid here), the contract must be singed by both parties, the contract must be fair and be free of undue influence (both sides must have the opportunity to consult with an independent attorney). Finally, there must be full disclosure regarding assets and liabilities of both parties to make this type of contract valid and enforceable if litigation is necessary. Common contractual issues include:
Often, major changes to familial relationships also involve corresponding changes in testamentary intentions. These types of situations are sometimes vulnerable to undue influence by a family member or new spouse or significant other (undue influence is influence by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences).
Our attorneys can assist with any of these complicated family law and estate planning issues. Call us for a free consultation (424) 325-6388 to discuss your options.