Prenuptial and Postnuptial Agreements
When you marry, you hope it will be forever. But, responsible planning requires considering and preparing for every eventuality. Second marriages and blended families make it more important than ever for both parties to protect their assets and their heirs.
Prenuptial and postnuptial agreements are similar in scope; the key difference is that a prenuptial agreement is executed prior to the marriage and a postnuptial (or “antenuptial) agreement is executed during the marriage. Each may include provisions for separate non-marital property, division of marital property, and even a waiver of survivor’s rights. This last is common in marriages involving older couples with children.
However, both technical and substantive requirements apply. A non-compliant prenuptial or postnuptial agreement, or one that is deemed fundamentally unfair, may not be enforceable.
Working with an experienced attorney can help to ensure that your agreement is effective and achieves your goals.