A Pre-nuptial Agreement is a contract between a couple planning marriage that expresses their decisions regarding debts, assets, property, finances and other matters. Most frequently, Pre-nuptial Agreements define rights to property and assets in order to settle financial matters in the event of death or divorce. However, Pre-nuptial Agreements may also address numerous other matters such as Agreements regarding career opportunities, living locations and lifestyle aspects of a marriage.
Agreements can define responsibilities regarding spousal maintenance, or preclude spousal maintenance, keep debts and property separate that were acquired prior to the marriage as well as establish guidelines to provide for a spouse’s children from a previous marriage.
Without a Pre-nuptial Agreement, spouses are subject to state laws regarding property ownership and support should they divorce and state probate laws should one spouse die. A Pre-nuptial Agreement correctly drafted is viewed as a valid legal document in all 50 states as well as the District of Columbia and preempts and takes precedence over marital property, divorce and probate laws.
Even when couples draft their own Pre-nuptial Agreements, in order to ensure the Agreement is legally sound and will be upheld by the courts, it is essential for spouses to have their own separate lawyers review and advise them regarding the Pre-nuptial Agreement.
Our attorneys have assisted numerous couples by drafting, reviewing and providing legal advice concerning Pre-nuptial Agreements, tailored to suit their unique needs. Our seasoned experience provides our clients with the assurance of documents that are not only bona fide, explicit and precise in subject matter and language, but also with Agreements that serve their best interests.
A Post-nuptial Agreement is entered into between spouses after they are married and before a divorce. Such an Agreement allows the parties to remain married, yet to agree upon a division of certain assets either at the time of the Agreement or at some future date such as in the event of dissolution of marriage or death. Post-nuptial Agreements can take into consideration potential future events and property interests which may arise between the parties.