History

Mario worked for many years to build his own successful advertising agency.  He was 46 when he met Sylvanna who had just finished training as an esthetician.  Sylvanna was 23 years old when they met.  Sylvanna and Mario quickly fell in love and wanted to get married.  Before they could arrange their wedding, Mario insisted that they enter into a marriage contract.  Mario owned his home, his business and also had significant savings.  He wanted to ensure his assets would be protected in the event of a separation.  Sylvanna was worried about what might happen to her financial future if she had given up her ability to work in order to have children and in the event of a separation.

Issues

The parties had to negotiate a prenuptial agreement (marriage contract) through their lawyers to address the issues of property division and spousal support.

Resolution

The parties negotiated through their lawyers and were able to reach terms they were both satisfied with.  They agreed that Mario’s business would remain his but that the income from the business would be used for the calculation of child and spousal support if they had children in the future.  Mario would also receive an extra portion of the net proceeds from the matrimonial home if the parties separated to reflect his investment in the home at date of marriage.  Sylvanna would be entitled to receive half of the net proceeds from the home after separation, after Mario had been paid back his initial investment.  The parties agreed they would otherwise be separate as to property.   It took 9 months for them to negotiate a prenuptial agreement.