Prenuptial and Post-nuptial Agreements

Some couples choose to enter into an agreement prior to their marriage, with the goal of preemptively resolving a number of issues that may arise as the result of future death or divorce. Prenuptial agreements are commonly used when one or both parties have children from a prior marriage, or when one or both parties have substantial assets that they wish to protect from otherwise applicable incidents and consequences of their pending marriage.

Post-nuptial agreements are often called post-marital contracts, and are made after a couple has been married in order to protect the individual income and assets of each spouse in case the marriage ends as a result of divorce or death. A postnup does not mean that you expect your marriage to end in divorce. A postnup can provide a lot of benefits for marriages with special circumstances. However, to be enforceable, there must be clear and convincing evidence of full financial disclosure between the parties.

Modify a Prenup: Many couples who choose to create a postnuptial agreement already have a prenuptial agreement in place. A postnup is often needed when one spouse has a significant shift in finances, like a promotion or inheritance, and the spouses find it necessary to modify the terms of the original prenuptial agreement.

Business Protection: Many business owners will want postnups because a divorce could seriously threaten assets of the business or adversely affect unassuming partners and investors.

Financial Disputes: Finances are often a great source of tension in the relationship. Couples who are at risk of dissolving the marriage due to frequent disagreements about finances may find that a postnuptial agreement can relieve the burden and improve the marriage.

Adultery: An adulterous relationship may lead to a postnuptial agreement stating that if the act occurs again, the unfaithful must pay a large amount of cash to his/her spouse.

For sound counsel during challenging times, contact Brinkley Law Firm to discuss legal aspects relevant to your family law choices.