Prenuptial and Postnuptial Agreements
A prenuptial agreement (also referred to as a “premarital agreement” or an “antenuptial agreement"), is a contract between two parties who are contemplating marriage. Should the parties ever divorce, a prenuptial agreement that addresses spousal support, division of marital property, and other issues can simplify the divorce process and allow the parties to avoid costly litigation.
A postnuptial agreement is a legal contract that spouses can voluntarily enter into during their marriage. A postnuptial agreement is different from a prenuptial agreement and a separation agreement in that the parties are already married to each other and they are not entering into the agreement due to separation or with the intent to separate from each other. A postnuptial agreement can address each party’s property rights and interests.
As with any legal agreement, we strongly encourage both parties considering a prenuptial or postnuptial agreement to consult with their own legal counsel to ensure that their individual rights and interests are protected.
If you and your spouse are considering entering into a prenuptial or postnuptial agreement, the attorneys at Siemens Family Law Group can offer the advice and guidance you need to make informed decisions. We will work with you to prepare a well-crafted agreement that accurately reflects your intentions and conforms to applicable laws, and we will discuss with you the steps that are necessary to ensure the validity of the agreement. Our attorneys also represent clients who are seeking to have a prenuptial or postnuptial agreement set aside, and those who are seeking to defend the validity and enforceability of an agreement.