Pre And Post Marital Agreements

Pre And Post Marital Agreements

  • By Arcadier, Biggie & Wood, PLLC
  • 209

Family Law Attorney

What is a prenup?

Commonly referred to as a “prenup ”, prenuptial or ante-nuptial agreements are contracts made by a couple prior to getting married. The agreement becomes enforceable at the time of marriage, not before. These pre-marital agreements are meant to protect or preserve what would be marital or divisible property. Instead of going through equitable distribution, the specified property is distributed pursuant to the pre-marital agreement.

What can I put in my pre-marital agreement?

You can put just about anything in a pre-marital agreement as long as it does not violate public policy or criminal laws. Common things that are addressed in these agreements are rights to and interest in property, including things such as real property, personal property, and income or wages. The agreement can also eliminate or limit spousal support such as alimony and post-separation support. However, a pre-marital agreement cannot limit or eliminate a parent’s child support obligation.

What if we signed a pre-marital agreement and change our minds about it later?

Sometimes people change their minds, after all, we are human. So, what if you want to make changes to the prenuptial agreement or better yet, get rid of it altogether? A trusted lawyer can make it happen! If both you and your spouse want to change or revoke the pre-marital agreement at any time after you are married, then both of you will just need to agree to make the changes in writing.  

Can we make an agreement like this after we become married?

Yes, you can make similar agreements later. These are called postnuptial agreements and are generally made based on one of two circumstances. The first instance would be an agreement that you are making because you want to get separated or divorced. These types of post-marital agreements are often called separation agreements and can also include clauses pertaining to property settlement and post-separation support. The second circumstance would be an agreement made by the spouses after marriage, but there is no intention of separating or getting divorced. These can include property rights agreements but cannot include clauses about spousal support.

Can a family law attorney help me prepare a pre or postnuptial agreement?

Yes, you can hire a family law or divorce attorney to help you prepare the documents required to protect your property and assets or distribute them as you like. A family law attorney can also help you modify or revoke an existing agreement as you see fit.  We recommend speaking with a top-rated family law attorney from a law firm such as Garrett, Walker, Aycoth & Olson, Attorneys at Law, PLLC as soon as possible.

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