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Using a marital agreement to protect your property, P.3

On Behalf of | Apr 21, 2016 | Property Division

Last time, we left off discussing the issue of coercion and fraud in the negotiation of marital agreements. Involuntariness and failure to disclose assets and liabilities can also occur in prenuptial agreement negotiations, of course, and it is important for all couples negotiating such agreements to have representation to protect their interests and ensure their agreements are going to be effective.

For couples, it isn’t necessarily going to be obvious when a partner is hiding information about assets and debts or is attempting to force the signing of a marital agreement, but an experienced attorney can help identify warning signs and red flags, and can take steps to ensure the agreement isn’t being entered into by means of coercion or with less than full disclosure from both parties. 

One of the possible tools couples have at their disposal to ensure full disclosure of information about assets and debts is forensic accounting. Forensic accounting can help couples to ensure assets and debts of each party are discovered and accurately accounted. The process can also help identify any questionable financial transactions that need to be explored before entering into an agreement. This possibility can be explored by those who have serious concerns about their partner’s financial situation.

Having an advocate through the negotiation process can help ensure that any agreement reached by the parties everything is carefully thought through and executed correctly. In addition, when a spouse believes a marital agreement should be invalidated in divorce due to coercion or unconscionability, working with an experienced attorney to ensure that spouse’s rights are protected.