Planning for a Divorce

By Leslie Fineberg on March 30, 2015

There are steps you can take to protect yourself and your family before going through a divorce. If you are about to get married or believe that you and your spouse are going to get divorced, it may be in your best interest to seek out a confidential, pre-divorce planning session. During the meeting, you can sign a retainer with the attorney, which will establish an attorney-client relationship.

During a pre-divorce planning session, you and your attorney will review where you are now, and where you would you like to be. Once you have a goal in mind, you can begin to develop strategies to obtain those goals. The process of getting a divorce and of living a post-divorce life will go smoother if you plan ahead.

One major element of pre-divorce planning is the creation of a prenuptial agreement. You can sign a prenuptial agreement before you are married so that it is clear who gets what in the event of a divorce. These agreements can help you avoid the complicated and stressful process of fighting for property and assets. It can prove difficult to discuss a prenuptial agreement with your fiancée, but having an agreement is often in the best interest of both parties.

If you are about to get married, it may be in your best interest to create a prenuptial agreement if:

• You are much wealthier than your fiancée
• You already have a home, retirement fund, or stocks
• You are a business owner
• You have children from a previous marriage
• You are pursuing a degree in a lucrative profession

It is also possible to sign a postnuptial agreement. These are agreements between married couples who have concerns about protecting their finances and assets. It is often less stressful for a married couple to discuss a theoretical division of property than for a divorcing couple to negotiate an actual separation of assets. Getting in writing what will happen in the event of a divorce or separation can help relieve stress and time.

Contact Nottage and Ward, LLP to help protect you and your family. We will help you understand your legal options before getting married and before filing for divorce.