5588 N. Palm Avenue, Suite N1, Fresno, CA 93704

agreement

Pre- & Post- Marital Agreements

A prenuptial agreement (also called a premarital agreement or prenup) is a contract that is entered into before marriage that outlines the rights and responsibilities of the spouses in the event of divorce. A postnuptial agreement is a contract that is entered into after marriage that has the same purpose as a prenuptial agreement.

Prenuptial agreements are often used to protect the assets of one or both spouses in the event of divorce. For example, a prenuptial agreement may state that one spouse will keep their own assets separate from the marital property, or that one spouse will not be entitled to alimony in the event of divorce.

Postnuptial agreements are often used when the financial circumstances of the spouses change after marriage, such as if one spouse becomes wealthy or if one spouse incurs a large debt.

Prenuptial and postnuptial agreements are not legally binding in all jurisdictions. In some jurisdictions, prenuptial agreements are only valid if they are fair to both spouses and if they are entered into voluntarily.

It is important to consult with an attorney before entering into a prenuptial or postnuptial agreement to ensure that the agreement is valid and enforceable in your jurisdiction.

Here are some of the advantages of having a prenuptial agreement:

  • It can help to avoid conflict and litigation in the event of divorce.
  • It can provide more certainty and peace of mind for both spouses.
  • It can help to protect the assets of both spouses.
  • It can help to ensure that the needs of any children are met.

 

Here are some of the disadvantages of having a prenuptial agreement:

  • It can be seen as a sign of distrust or lack of commitment to the marriage.
  • It can be difficult to negotiate and agree on the terms of the agreement.
  • It may not be enforceable in all jurisdictions.
  • It can be difficult to change or modify the agreement once it is in place.

 

If you are considering entering into a prenuptial agreement, it is important to weigh the advantages and disadvantages carefully. You should also consult with an attorney to ensure that the agreement is valid and enforceable in your jurisdiction.

A postnuptial agreement, also known as a post-marital agreement or postnup, is a legal contract that is entered into by a married couple after they have already been married. The purpose of a postnuptial agreement is to modify or alter the terms of the couple’s marital property rights, such as how their assets will be divided in the event of a divorce.

Postnuptial agreements are not as common as prenuptial agreements, which are entered into before a couple is married. However, postnuptial agreements can be a useful tool for couples who want to protect their assets or financial interests in the event of a divorce.

There are a number of reasons why a couple might want to enter into a postnuptial agreement. Some common reasons include:

  • To protect assets that were acquired before the marriage.
  • To provide for a spouse who is not financially independent.
  • To address changes in the couple’s financial circumstances, such as one spouse becoming unemployed or receiving a large inheritance.
  • To resolve disputes over assets or debts.
  • To salvage a marriage that is in trouble.

 

In most jurisdictions, postnuptial agreements must be entered into voluntarily, with full disclosure of all assets and liabilities, and be fair to both spouses.  If a court finds that a postnuptial agreement is unfair, depending upon the jurisdiction, it may not be enforced.

If you are considering entering into a postnuptial agreement, it is important to speak with an experienced family law attorney to discuss your specific situation and to ensure that the agreement is valid and enforceable

Skip to content