Pre-Divorce & Pre-Marital Planning | Silva & Associates

Whether you are entering a marriage or see yourself heading toward divorce, you need a plan.

If you are getting married but are worried about how best to protect the assets you already have or the assets you expect to have, our pre-divorce & marital planning services can help you understand your rights and obligations, and develop a plan to protect those assets.

If you are contemplating marriage but want to discuss a pre-nuptial or pre-marital agreement, we can meet with you to ensure you understand your options, rights, and responsibilities before preparing or signing such an agreement. We do not draft premarital or pre-nuptial agreements, but we can meet with you to review these documents and put together a strategy. We can also talk to you about common questions you may have, including:

  • Am I waiving my rights to support?
  • Is the property division fair?
  • What if I want to change some terms after the documents are signed?

If you think a divorce may be inevitable, we can help you plan and put together an exit strategy that puts you in the best possible position before you file for divorce. Developing a strategy for the divorce process is as important as finding the right attorney to assist you in making sure your rights are protected. There are a number of questions you may have to consider before you file for divorce, including:

  • How do I tell my children?
  • How much will I have to pay or how much will I receive for child support and spousal support?
  • How will the divorce affect my health insurance?
  • What do I do about joint bank accounts, joint credits, and life insurance policies?
  • How can I make sure all assets are identified and what information can I gather beforehand to make this easier?
  • What are the tax implications of filing for divorce?
  • What is the best way to go forward with the divorce?
  • What is the difference between mediation, a collaborative approach, and a traditional divorce with attorneys?
  • Do I need an attorney?

How to Prepare for Your First Meeting

Planning for a divorce and planning for marriage require similar documents and approaches. Below is a simple outline for what you should bring to make the first meeting as productive as possible.

  • Make a list of specific concerns you have so we can address them
  • bring a copy of any agreements you and your spouse, or soon-to-be spouse have made
  • bring a list or documents showing any assets of concern to you or your spouse
  • an idea of your income and your spouse/soon-to-be spouse’s income