Des Moines Prenuptial & Postnuptial Agreement Attorneys

Aggressively Protecting Your Rightful Property

Over the last 20 years, prenuptial agreements have become ever more popular,
especially for high net worth couples. In fact, more and more married
couples are signing postnuptial agreements for the additional security
they bring. Whether you are thinking about forming an agreement prior
to your wedding or after, you must make sure you the document is a valid
contract that truly reflects your intentions.

Hope Law Firm helps couples at all stages of their relationship negotiate
and execute valid marital agreements. Our prenuptial agreement lawyers
in Des Moines also represent spouses in disputes over these contracts.

Reach out to us today to schedule a free consultation. Call
(515) 298-5056.

Prenuptials vs. Postnuptials in Iowa

Couples enter prenuptial agreements before they get married. At that time,
their greatest concern is to declare their separate property so that they
can retain it in the event of a
divorce. Couples entering a second marriage may be concerned about ensuring an
inheritance for their children from a first marriage. After a couple has
been married for a time, other concerns may arise. Perhaps they had expected
to have parallel career tracks, but one has flourished, the other has
languished, and there is now a greater disparity of income than they had
anticipated. If the primary earner starts thinking about how much could
be lost in a divorce 10 years in the future, that could create pressure
to divorce sooner rather than later. A postnuptial agreement could relieve
that pressure and actually strengthen the marriage.

Spouses can contract about any issue of their marriage except child support,
which is a right belonging to the child. However, to ensure their agreement
is valid, each spouse should have independent legal counsel and they should
negotiate the agreement well in advance of signing it.

Marital Agreement Litigation During Divorce in Iowa

Marital agreements often facilitate
uncontested divorces, but conflicts can arise during divorce when the effect of the marital
agreement on property division becomes real. A disappointed spouse who
feels wrongly deprived by the agreement must convince the court that the
contract is, at least in part, invalid.

The court may find a marital agreement invalid if at the time the document
was created and signed there was:

  • Fraud — If one spouse led the other to believe that the document meant
    something other than what it says, it may be invalid. The court may accept
    an assertion of fraud in marriages where there is a disparity in financial
    sophistication or where there is a language barrier that put one spouse
    at a disadvantage.
  • Misrepresentation — If a spouse withheld material information regarding finances so
    the other spouse did not realize what rights he or she was waiving by
    signing the document, the court could invalidate it.
  • Coercion
    duress — If one spouse physically forced the other to sign or manipulated
    circumstances to create emotional pressure compelling the other to sign,
    the agreement can be invalidated. If the document is signed very close
    to the wedding date, the court may infer that a threat to call off the
    wedding created duress.
  • Imbalance of bargaining power — If an agreement is lopsided because one spouse held all the power
    at the time it was drafted, the court could declare the contract unconscionable
    and therefore void.
  • A serious flaw in construction or execution — Both parties must sign the marital agreement. The language must
    be clear and unambiguous. Vague documents are unenforceable.

Hope Law Firm provides quality litigation services to couples seeking to enforce or
invalidate marital agreements during divorce. We also represent a wide
variety of other
family law matters.

Seeking a Prenuptial or Postnuptial Agreement in Des Moines? Call Today!

A martial agreement can give added peace of mind to your relationship while
protecting your property rights. Our firm is committed to helping you
execute a valid agreement that accomplishes your goals.

Call us at
(515) 298-5056 or complete our
online contact form to get started on your case.