BETTEN, MURPHY & WEISS
Attorneys, PA

Marital property agreements are enforceable and can be very helpful. Because we are estate-planning attorneys, the pre-nuptial and post-nuptial agreements that we prepare are focused on preventing problems when one of the spouses dies thus preventing unintended consequences. For example, suppose a wife has a home that was hers prior to the marriage. She marries, and the couple lives in her home. Did you know if she dies first her husband has the right to live in the house for the rest of his life? Also, the husband is entitled to 30% of her assets. These results should never be a surprise. Either a post-nuptial and a pre-nuptial agreement could prevent these unintended problems.

Although the marital property agreements we do are focused on estate planning, they can also provide some protection in a divorce. Of course, marital property agreements can be challenged. A marital property agreement will not be enforceable unless there is strict compliance with state law, and each spouse must have an opportunity to consult with an attorney of his or her own choosing. Most states require that there be either a full disclosure of the parties' assets and liabilities unless the parties waive that right. Challenges to marital property agreements frequently focus on claims that (1) one party had inadequate legal representation and opportunity to review; (2) one party exercised undue influence or coercion over the other; (3) a party provided false representations or inadequate disclosure regarding assets and liabilities; or (4) the agreement is blatantly unfair to one party.

A good marital property agreement can reduce the disputes that can arise during the distribution of one's estate at death, as well as during a divorce proceeding. If you want a good marital property agreement, you need to consult an experienced attorney.