Prenuptial/Postnuptial Agreement Attorney Overview

Lawyer Representation When Creating a Premarital/Postmarital Agreement

Getting married is a momentous decision, and the legal partnership of marriage entitles spouses to certain rights if they should ever decide to get a divorce. However, there are some cases in which spouses may want to have protections in place before getting married or make decisions ahead of time about how certain matters will be handled during divorce, and they can do so by creating a prenuptial or postnuptial agreement.

If you are considering a premarital or postmarital agreement, it is important to work with a family law attorney who understands the laws in your state. A lawyer can help you negotiate and draft an agreement that protects your rights, ensuring that the decisions you make in your agreement will be enforceable in the event of divorce.

Terms of a Prenup/Postnup

Spouses who wish to make decisions about a potential divorce before getting married can sign a prenuptial agreement, or prenup. This can be beneficial in cases when either spouse earns a large income, owns valuable assets, or owes significant debts.

Spouses who are already married can sign a postnuptial agreement, or postnup. This can be beneficial if a spouse decides to found a business or make a large investment, or if one spouse wants to have financial protections in the event of divorce.

Each state has its own laws regarding prenuptial and postnuptial agreements, but agreements can typically make decisions about:

• What is considered marital or non-marital property, and how marital property will be divided between spouses during divorce.
• Whether one spouse will pay spousal support (alimony) to the other after divorce, as well as the amount and duration of this support.
• The inheritance rights of spouses and/or their children if one spouse dies.
• The jurisdiction where their divorce case will be handled
• Any other terms that do not violate the law or public policy.

Marital agreements typically cannot make decisions about child custody or child support, since these decisions are based on what is in children's best interests rather than what the parents agree on. State laws usually require spouses to fully disclose their finances to each other before signing a prenup, although spouses may be allowed to waive their right to receive this disclosure. An agreement may be unenforceable if full financial disclosure was not made, if both spouses did not enter the agreement voluntarily, or if the agreement is found to be unconscionable (that is, grossly unfair to one spouse).

Before signing a prenup or postnup, it is important to consult with an attorney who can advise you of your rights and ensure that the terms of the agreement will be enforceable if you decide to get a divorce. A skilled lawyer can help you make sure your agreement meets the requirements of the laws in your state and ensure that it will protect your financial interests.