Aggressive and Thorough Representation
in Immigration, Criminal, and Family Law
Parties who want to enter a prenuptial agreement prior to marriage must be very careful to ensure as much as possible that it is enforceable not only in the state of the marriage but in other potential venues, like in other states, in another country, and/or under United States federal immigration law. A prenuptial agreement is a contract that is between the two people intending to marry and governs potential future circumstances should the parties later divorce or legally separate. A prenuptial agreement must be fully executed by both parties or the agreement will not be enforceable. The agreement determines specific conditions of distribution of property, including pre-marital and marital assets and liabilities, alimony, inheritance, tax exemptions, and so on. It is important to create an explicit and clear agreement that declares the intent and meaning of the parties to avoid later problems. If you want to avoid difficult disputes in the unfortunate case of a divorce, a prenuptial agreement can afford you peace of mind.
To ensure that a prenuptial agreement is enforceable, each party must be carefully advised of his or her rights before signing. It must be shown that before signing the agreement that each party has not been pressured or tricked into signing away his or her rights. To avoid later problems, the attorneys working out the agreement must ensure that it is well documented that each party carefully read the agreement, had time to consider the agreement, and negotiated his or her own terms for the agreement. Additionally, it must be shown that each party was given accurate information about the other party’s assets and liabilities before signing the agreement, and that each provision of the agreement is valid and does not sign away rights that cannot be given away or that can only be given away in specific circumstances. Finally, it is important to ensure that the agreement is fair considering all of the facts and that this fairness is documented to avoid any of the parties from having a good claim later to contest the prenuptial agreement as unconscionable.
Once the basic tenants of a prenuptial agreement are met, as stated above, it is up to attorney Kim Trupiano to determine if there are other issues the parties wish to address in their agreement, like whether one of the spouses is from another country in which the laws governing prenuptial agreements of that country need to be accounted for or whether federal immigration law plays into the picture. That is, if one spouse is from another country, perhaps one day that spouse will relocate back to his or her own country and file for divorce with children or other property matters at issue. Then the courts of that country will review the prenuptial agreement for enforceability. Finally, if the United States citizen spouse is sponsoring the non-citizen spouse on an United States immigration application, issues regarding future sponsorship can be addressed in the prenuptial agreements.
Why Kim Trupiano Is Successful
- Aggressive — Although she works to find resolutions where they can be obtained, she prepares for trial, not for settlement. Kim exploits any hole in the other side’s case to gain advantage and maximize the positive outcomes for her clients.
- Thorough — Kim’s attention to detail is essential to challenging evidence in court proceedings and producing a strong evidentiary case for her client, including strongly-backed and detailed motions for relief.
- Compassionate — She eases client concerns by taking the time to explain clients’ rights, explore their options and keep them updated about progress in the case.
- Creative — Kim does her homework to raise new defense and affirmative relief theories, or to negotiate alternative resolutions and outcomes.
Contact Trupiano Law in Salt Lake City, Utah, for experienced legal counsel. Call 801-266-0166 for a telephone consultation or for an in-office meeting to go over your case.