The Quitmeier Law Firm of Kansas City

A full-service law firm serving the Kansas City Greater Metropolitan Area. Our clients come first.

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    • William M. Quitmeier
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Creating an Enforceable Premarital Agreement

When you are planning your wedding, the last thing you want to think about is your marriage ending.

However, in certain circumstances, it’s important to consider that fact and plan ahead for it, just in case. In those situations, a premarital agreement may be right for you. A premarital agreement is an agreement made in contemplation of marriage to become effective upon marriage. While premarital agreements are sometimes considered taboo, they can provide peace of mind in certain situations.

The purpose of a premarital agreement is to provide for the division of property in the event of divorce or death. Couples with children from a prior relationship often wish to protect their children’s interests in a second marriage. Individuals who have gone through bitter divorce battles in the past may also find some solace in a premarital agreement before a subsequent marriage. Additionally, individuals who are entering into a marriage with substantial assets or a family business often wish to secure their interests before entering into a marriage.

There are certain things that a premarital agreement cannot do, including altering child support. In order to be enforceable upon a challenge by one spouse, a court must find that both parties entered into the agreement freely, fairly, knowingly, with understanding, and in good faith. In addition, both parties must provide full financial disclosure before signing the agreement. A court can invalidate an agreement that is unconscionable, or unusually unreasonable.

To ensure enforceability of a premarital agreement, it is important create the agreement well in advance of the marriage so that both parties have time to contemplate the agreement. In a premarital agreement challenge, courts will often consider whether or not the challenging spouse was given an opportunity to review the agreement with a lawyer. It may also be beneficial to videotape or otherwise document the signing to fight claims of duress or misunderstanding.

If you think a premarital agreement may be right for you, a knowledgeable Missouri family law attorney at the Quitmeier Law Firm can advise you on what is best for your particular situation.

Filed Under: Family and Divorce Tagged With: alimony, division of property, divorce, prenuptial agreement, spousal support

Protecting Your Business During a Divorce

You’ve invested endless energy and money into your business, and now you fear that your spouse will take your life’s work away from you. Whether you own your business independently or jointly with your spouse, now that you have made the decision to divorce, you need to take steps to protect your business.

The divorce of a business owner can lead to uncertainty and instability in a business. For businesses owned by married couples, divorce can be destructive to the business if both spouses are vital to its operation and can no longer work together. However, even the non-owner spouse of a business owner may have rights in a divorce that can be damaging to the business.

Many business owners have no plan in place for their business in the event of a divorce. Planning ahead of time by having a prenuptial agreement is the best way to avoid uncertainty in the event of divorce.

However, even if you have no prenuptial agreement, there still are steps you can take to protect your business:

Obtain a favorable valuation: Arrange for a business valuation on your own. Valuations often vary widely, so you should find one that favors you.

Reduce your spouse’s role: If your spouse is working for the business, take steps to reduce their role and make their efforts seem unimportant to the business.

Pay yourself a competitive salary: Business owners often take a reduced salary in order to grow the business. If a divorce is imminent, this will cause the value of the business to seem higher and therefore your spouse’s share will be higher.

Employ creative methods to pay off your spouse’s share: You may be able to keep the entire business if you are willing to give up other assets like retirement accounts and the family home. If you need to buy out your spouse’s share of the business, you could arrange for monthly payments over time from the business’s profit or from a bank loan.

Consulting an experienced Missouri divorce attorney will help you protect your business through even the most difficult of divorces.

Filed Under: Business and Corporate, Family and Divorce Tagged With: business, division of property, divorce, prenuptial agreement, separate property

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Easy Access I-29/Tiffany Springs exit

The Quitmeier Law Firm. Serving Platte, Clay and Jackson Counties with integrity.

Conveniently located just off I-29 at the Tiffany Springs exit.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Use of the web site does not create an attorney-client relationship.