In our blog we will try to provide you with general information regarding family law, as well as updates in important cases and statutes dealing with family law in New Hampshire. This is not to be construed as legal advice. Every case is unique and small facts can make a difference.
New Hampshire Divorces Involving High Assets
In the state of New Hampshire, divorce is legally defined as "a judicial declaration dissolving marriage in whole or in part." However, unlike what the name implies, divorce proceedings are rarely this clear cut. Divorces often involve protracted proceedings, alimony support, and child custody. Another issue that frequently arises is the distribution of marital assets. In divorce cases where a significant amount of assets are being contested, it is imperative for you to have an experienced New Hampshire divorce attorney representing your claims.
At our law firm, we understand that a divorce is a difficult period for one to navigate through, and it is our pledge to our clients to deal with the fine details of a divorce case to ensure that they receive a favorable and equitable outcome.
In our years of experience dealing with high asset New Hampshire divorce cases, we have noticed that there are four primary areas of contention that frequently come up. These issues are:
§ Retirement funds and accounts (i.e. 401Ks and pensions)
§ Shares of stakes in businesses and stocks
§ Child support and spousal support (also referred to as alimony)
§ The validity of the conditions and terms in which a prenuptial agreement was determined
The legal definition of a prenuptial agreement defines it as “a written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved”. In New Hampshire, these agreements are actually more common than you might think. Examples of instances where a prenuptial agreement might be used include:
§ One or both parties are bringing substantial assets to the marriage
§ Trust funds and potential inheritances
§ High salaries or incomes
§ Children from a prior marriage are involved
Prenuptial agreements actually offer several benefits. For example, they can simplify future divorce proceedings, and avoid extended arguments, by decreeing where assets should be allocated.
In some divorces, the validity of a prenuptial agreement can be challenged on one of several basses:
§ The original agreement did not include full disclosure of assets or income.
§ From the start, the original agreement was unreasonably inequitable.
§ Both spouses were represented by the same legal counsel, who could have possibly acted in a biased manner and favored one spouse over the other.
§ During the creation of the prenuptial agreement, proper legal procedures were not followed.
If your original prenuptial agreement is not an option any longer, or you believe that it needs to be challenged, don’t hesitate to contact one of our experienced New Hampshire divorce attorneys immediately. If a divorce is imminent, you need to take the appropriate legal measures to protect yourself and your children, if present. We offer new clients a free consultation regarding their divorce case. Our NH divorce lawyers will never place pressure on a potential new client, but what we do promise to do is to treat your case with the utmost skill and discretion.
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