A well-drafted prenuptial agreement can eliminate conflict in a divorce because most of the issues that cause spouses to fight are already decided. If prepared correctly, a premarital agreement should increase the chance that a divorcing couple can avoid a trial and keep things amicable. This is why we have spent years specializing in the drafting of prenuptial agreements.
Premarital contracts typically contain simple terms that replace the complicated default state laws covering the following marital rights. Together you will decide a marital claim against the retirement savings or pension, what is to be separate property/assets/debts of the other spouse in the event of divorce. If a spouse can seek spousal support. If a surviving spouse can claim an elective share or “take against” the estate of the deceased spouse; and whether a spouse can make a marital claim against the retirement savings, pension and/or the separate property/assets of the other spouse in the event of divorce.