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Prenuptial and Postnuptial Agreements
A prenuptial agreement is a contract between two people prior to marriage which sets out the financial agreement of parties regarding assets and alimony as well as the other spouse's rights in the event of separation, divorce or death. Prenuptial agreements may not be romantic; but they are necessary prior to a marriage if there is pre-marital property you want to protect. Without an agreement, a third party ("Court") will decide your future.
Why is it important to have a prenup?
- to protect any children you have from a prior marriage
- to protect a family business
- to protect your pre-marriage nest egg (home, pension plan, stock portfolio, or property with emotional value)
- to protect inheritances and gifts you receive
- to avoid difficult disputes over property in case of death (such as family businesses, stock options, professional degrees, licenses and practices, pension plans, and copyrights)
- to protect yourself from your partner's pre-marriage credit card debt and /or loans
A postnuptial agreement is a contract between spouses. It is similar to a prenuptial agreement except it is signed during marriage. A postnuptial agreement considers many of the same issues as a prenuptial agreement.
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You may also want to visit our Family Law FAQ and Publications pages for additional information.