Prenuptial and Postnuptial Law

Prenuptial and postnuptial agreements are important legal documents which protect assets, including property and money. It is important for couples considering a prenuptial or postnuptial agreement to have their own legal counsel and to intelligently negotiate agreements.

Creating a Prenuptial Agreement

Getting married can be exciting, but it can also lead to a loss of good sense. It is easy to become wrapped up in the excitement of love and a wedding and to forget about what exactly could be at stake should things go wrong. It may not be terribly romantic, but it could be very wise to think through both the good and the bad of a marriage.
Read more
Differences in Postnuptial and Prenuptial Agreements

The postnuptial and prenuptial agreements between partners before they become spouses and after the relationship is near an end are important legal documents to protect assets to include property and money. Knowing the differences in these types of agreements is important for the person that may become a spouse to another person when he or she possesses significant assets.
Read more
Digital Assets Can Be Safeguarded with a Prenuptial Agreement

Today’s society largely stays in touch over social media and other electronic means. Individuals may share a number of digital assets or may want to keep them separate. Knowing how digital assets will be treated and divided in the event of divorce or death can provide clarity to this issue. Prenuptial agreements can help safeguard digital assets.
Read more
Importance of Utilizing Prenup Negotiations

A prenuptial agreement, also referred to as a “prenup”, os a written contract for engaged persons. A prenup is created and agreed upon before the marriage Typically, a prenup will list the property, assets (and debts) owned by each individual. The purpose of the prenup is to specify the property rights each future spouse retains in the event the marriage does not last. It is important for parties considering a prenuptial agreement to have independent legal counsel and to negotiate these agreements, which can have a significant impact on their property rights.
Read more
Legal Requirements for a Prenuptial Agreement

The prenuptial agreement between an estate owner and a new potential new spouse often has certain obligations by the law that must reach satisfaction for the contractual paperwork to remain valid and continue through as a legitimate document. Knowing the specifications is crucial to the agreement is held within the courts during a divorce.
Read more
Legal Requirements of a Postnuptial Agreement?

A postnuptial agreement is a document and legal process that a spouse may use after the marriage starts in an attempt to protect certain aspects of the marital property or other assets in case of divorce. While the details are significant to the party with the most property and monetary assets, the legal requirements are important for both parties.
Read more
Purposes for Postnuptial Agreements

When the estate owner does not propose a prenuptial agreement, he or she may want to secure the future through a postnuptial document, and this could help ensure the wishes of both married individuals at the time of death or divorce. Understanding what the purpose of a postnuptial is helps the couple fully implement one that is enforceable.
Read more
Prenups Can Get Thrown Out If They Are Unfair

There are instances where a prenuptial agreement is thrown out by a judge because of an invalid provision, unreasonable statements, or an indication that a spouse signed the agreement under duress. The document is legally binding, but neither husband or wife should enter into the contract through force, intimidation, or when terms are unfair.
Read more
Postnuptial Agreements - How They Become Unenforceable

When a spouse does not adhere to state laws, places unreasonable provisions within the agreement or has the other party sign in an invalid manner, a postnuptial may become unenforceable. When the agreement is not enforceable in the courts, this could cause serious problems for one or both spouses after death, divorce or a major life event.
Read more
Prenuptial Agreements -Enforcing the Terms

When a prenuptial agreement has appropriate provisions, does not defy state or federal laws, the two spouses or a surviving spouse of a deceased husband or wife can enforce the terms in the courts if necessary. Usually, enforcement will require the help of a lawyer to show the judge in a courtroom that the clauses are sound.
Read more
Prenuptial Agreements and Domestic Asset Protection Trusts

Some states provide a Domestic Asset Protection Trust or DAPT over the prenuptial agreement as an irrevocable trust which may have specific rules that apply where the prenuptial may fall short. When determining which option to take, the estate owner may need to contact an estate planning lawyer for further information and which opportunity is better for his or her situation.
Read more