Prenuptial/Postnuptial Agreements

Prenuptial and postnuptial agreements are not only for wealthy people. The process of negotiating a prenuptial or postnuptial agreement can be the foundation for a healthy marriage under appropriate circumstances.

• A prenuptial agreement is done before a marriage and is often advised when one or both parties brings substantial non-marital assets to the marriage, or when one or both has children from a previous marriage.

• A postnuptial agreement is done after a marriage and is often the result of changed circumstances – an inheritance left to one spouse, a difficulty in the marriage (such as infidelity), or some other change.

• In the event of a divorce, the prenuptial or postnuptial agreement will have already established the division of property and other aspects of ending the marriage, which can save money and heartache.

• A prenuptial or postnuptial agreement helps both spouses understand what to expect.

• For a prenuptial or postnuptial agreement to be found valid, both parties must have their own lawyer to represent each party’s individual interests

• Both parties must disclose their assets and debts to one another as part of the negotiation of a prenuptial or postnuptial agreement.

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