Prenuptial Agreements

Prenuptial Agreements

 Family Lawyer 

In a perfect world, marriages would take place for love only, and would last forever.  The unfortunate reality is that far too many marriages are made for the wrong reasons, and all too often the best intentioned marriage ends in divorce.  Reflecting the reality of modern living, family law attorneys began to prepare prenuptial and postnuptial agreements.  These documents outline the procedures and division of property should a marriage end in divorce.  Prenuptial and postnuptial agreements usually do not involve child custody or support issues.

As their name would indicate, prenuptial agreements are contracts entered before getting married.  They generally include provisions about spousal support and how property is to be divided in the event of a divorce or separation, although the exact terms and conditions can vary considerably.  American Prenups must fulfill four criteria: they must be in writing, must be voluntary, both parties must disclose all assets and debts, and cannot contain any “unconscionable” provisions.

Postnuptial Agreements

Postnuptial agreements are similar to prenuptial agreements, but are signed after a marriage.  Many people who enter into postnuptial agreements do so because their financial situations have changed significantly due to inheritance, career promotion, or other unbalancing economic changes.  It is not uncommon to accumulate significant amounts of debt during a marriage, so Postnups also contain direction on how to resolve these complications should they arise over the course of a divorce.

Although prenuptial and postnuptial agreements are not the final legal word, they can go far in establishing your desires should the worst happen in your marriage.  These simple documents can relieve a great deal of worry, but you need someone to oversee and guide you through the process of setting up your contracts.  Let a dedicated and experienced family law attorney help you set up your prenuptial and postnuptial agreements today.

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