Tortorici Pre-Nuptial Agreements

A Pre-Nuptial Agreement = A Contract Defining the Rights and Duties of the Marriage Partners

States both legal, financial (and possibly personal) rights and obligations
Replaces state law “default” rights and obligations with those defined by the couple
Often used when one or both partners already have children and other obligations
Helpful in blending two existing families into a single unit with mutual financial and personal aims
Often used when one or both parties have considerable property or financial resources

A Good Agreement

Is not about giving up rights
Is about objectives and obligations fitting the circumstances of the marriage partners
May add provisions the law would not provide and/or eliminate some the law would provide
Involves understanding of legal rights (mediation clients should have separate legal advice)
Results from an emotionally challenging but empowering experience process

Marriage contracting (or contracting for cohabiting partners) requires

thoughtful consideration of “what if” situations with both partners expressing their ideas (Legal and mediation clients receive a questionnaire to aid in this process)
fair and reasonable disclosure/exchange of financial information (account statements, tax returns, etc.)
voluntary signing
time (allow 4-6 months for frank discussion, exchange of information, receiving legal advice, negotiating with or without a mediator, and final preparation and signing of the Agreement)