Marital Agreements - Prenup & Postnup
Couples who are married or planning to be married might want to consider entering into a prenuptial or post-nuptial agreement (marital agreement) that lists each party’s assets and debts, and specifies what each person’s property rights will be after the marriage. Marital agreements are helpful for many reasons, especially:
- when one or both parties are bringing their own personal or business assets/debts into the marriage
- to address future income from businesses, inheritance, or gifts
- when there are children from previous relationships.
A marital agreement will generally specify:
- what property is considered the separate property of each person
- whether any income or replacement property will be considered separate property
- the property rights of each person should be marriage end in divorce
- the rights of each person upon the death of the other
The agreement can also address spousal support should the marriage end in divorce, but the court is not bound by those provisions even in an otherwise valid prenuptial agreement if the court deems the agreements regarding spousal support to be unfair.
Our experienced attorneys can help guide you in planning, preparing, and executing your prenuptial agreement to assure that all the technical requirements are met to assure validity.
Contact us today for a case overview or reduced fee consultation
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