A Prenuptial Agreement is a document prepared by a couple in anticipation of marriage. A Postnuptial Agreement is an agreement executed by a couple “after” a couple is married to settle a couple’s affairs and assets in the event of separation or divorce.
This is a time in your life when you would rather be thinking about your wedding plans than the possibility of a divorce.
However, this is not something you should take lightly. You could be waiving your rights to your future. You could be waiving alimony after a twenty year marriage or agreeing to pay alimony in any amount inconsistent with the Alimony statute. You could be waiving your rights to assets that you may be entitled to or that you are financially contributing to throughout the marriage. However, you may want to protect a house, business or potential inheritance you have owned for many years before your marriage. All these issues need to be thought out in a careful way so that it is understood what each party is agreeing to and what is fair and reasonable.
In order for the Prenuptial Agreement to be enforceable, it needs to be executed well in advance of the wedding. Many experienced attorneys will not draft Prenuptial Agreements unless they have at least three months before the wedding date. Both parties must fully disclose of all of their financial information and the provisions of the Agreement must be fair and reasonable at the time of the execution of the Agreement. The terms of the Agreement cannot be “unconscionable” at the time of enforcement of Agreement. Each party should have independent legal counsel prior to the execution of the Agreement. Postnuptial Agreements are held to a higher standard and a higher degree of scrutiny is applied.
Need Help Createing Fair Prenuptial or Postnuptial Agreement?
Attorney Barbara Nason can help you through this difficult and sensitive process. With her knowledge in this area, she can assist you with negotiating a fair and reasonable Prenuptial or Postnuptial Agreement so you can return to enjoying the start or continuance of your married life.