A prenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the individuals intending to marry or contract with each other. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage.
Preparing a prenuptial agreement does not mean that you anticipate divorce or separation but rather that you want to specify the disposition of property in the event the marriage dissolves.
A properly-prepared prenuptial agreement can also allow parties to avoid much of the pain and financial cost of a divorce surrounding the disposition of property. It protects not only the parties but children and other family members much as a will or trust does, by preserving assets by agreement instead of fighting over them.
Postnuptial agreements (after marriage) can avoid the stigma of “planning for failure” before the marriage but still provide the parties with an understanding of how things will sort out.
Our competent and professional family law attorneys can assist you in properly drafting and implementing prenuptial and postnuptial agreements in an effort to avoid the risk of having the agreement invalidated by the court.