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We Are Experts In Prenuptial, Postnuptial & Cohabitation Agreements

We regularly prepare prenuptial and postnuptial agreements for high-profile and high-net-worth clients their spouses in all industries—including real estate, finance, professional partnerships and media and technology. We also have experience working with high-net-worth families, including children and grandchildren, in cases of multi-generational wealth.

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    Negotiation And Drafting Of Nuptial Agreements

    We negotiate and draft nuptial agreements of all kinds to ensure your current and future assets are protected—including family wealth, inherited wealth and trusts or family partnerships-in the event of any conflict or dispute.

    Future spouses often use these agreements to start their marriages with an open financial discussion, and to avoid misunderstandings between them if their marriage dissolves. Our approach is to protect your interests first when negotiating these agreements, but we understand the sensitive nature of having your future partner on the other side. We will always take those dynamics into account when working with you.
     

    Postnuptial Agreements

    We represent clients in the negotiation and preparation of postnuptial agreements when circumstances arise during the marriage and a formal agreement becomes necessary. These agreements can sometimes assist marriages or partnerships that are in distress and promote reconciliation. Circumstances that might warrant a postnuptial agreement include:

  • Change in the financial circumstances of one of the spouses;
  • Drafting an agreement as part of an overall estate plan;
  • Needing or wanting certainty if there is a divorce;
  • A trigger by a relationship-based stressor.
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    Cohabitation And Living Together Agreements

    Our firm is also often asked to negotiate and draft cohabitation and living together agreements between parties, should a couple choose to live together without being married, with or without children of the relationship. These agreements often involve tax considerations that we deal with frequent and, if need be retain experts to assist.

    We are also called upon to litigate the validity and enforceability of prenuptial, postnuptial and cohabitation agreements as needed.

    We understand the interplay between prenuptial and postnuptial agreements and client estate planning objectives, as well as the added fiduciary obligations when drafting a postnuptial agreement. Because of this, we work closely with trust and estate attorneys to ensure your planning is consistent and effective.
     

    We Have A Record Of Success In Handling Matters In This Area, Including:

  • Tailoring prenuptial agreements to address unique needs of our high-profile clients, including negotiating confidentiality and non-disparagement provisions;
  • Working with trust and estate counsel to prepare prenuptial agreements for family members who are getting married and have a significant portion of their wealth in a family estate plan;
  • Negotiating and drafting prenuptial agreements on behalf of clients with residences and business interests in multiple jurisdictions;
  • Forking with family law attorneys in foreign jurisdictions on the execution of out-of-state prenuptial agreements to ensure that they will be enforceable in South Africa;
  • Negotiating agreements related to intellectual property, the disposition of genetic material and gift tax and exclusionary rights;
  • Representing wealthy and high-profile individuals who want to ensure their cohabitation relationship does not create unintended financial, residential or other rights;
  • Defending multiple wealthy individuals against relationship-based and extortion claims.
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