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Prenuptial and Postnuptial Agreements

Prenuptial Agreement

A prenuptial agreement is a contract that allows couples to predetermine the division of marital assets and debts, define the support obligations for children not born of the parties (though the biological parent of the child cannot reduce or eliminate child support obligations), and define any alimony obligations in case of divorce or a death of one of the parties.  Prenuptial agreements can be used to protect family or personal assets and provide increased certainty in the event of divorce.  A prenuptial agreement should be entered into at least 30 days before the wedding to decrease the chances of a successful legal challenge to the agreement.

If you are interested in having a prenuptial agreement drafted, give us a call today.

Postnuptial Agreement

A postnuptial agreement is basically a prenuptial agreement that is executed after the marriage.  The only other difference between postnuptial agreements and prenuptial agreements is that sufficient consideration is required in a postnuptial agreement where in a prenuptial agreement the marriage itself is considered adequate consideration.  Consideration is defined as something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances.  In other words, a postnuptial agreement cannot be completely one-sided whereas a prenuptial agreement can be one-sided. 

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The information provided on this page is intended to be for educational purposes only and in no way establishes an attorney-client relationship or provides legal advice.  Upon information and belief, the information provided on this page is accurate as of September 1, 2008.  Since family law statutes and rules change frequently, please consult an attorney before relying on the information contained in this page.