Prenuptial and Postnuptial Agreements

What are Prenuptial and Postnuptial Agreements?

A prenuptial agreement lawyer can help you plan for your future. By crafting a detailed financial agreement before you get married (prenuptial agreement) or after you get married (post nuptial agreement), you will have predictability and security.  Citino Family Law LLC has helped numerous clients with pre and post nuptial agreements protect their interests in the event of a divorce. 

A prenuptial agreement is a legally binding contract entered into between two parties before their marriage. It lays out what happens with their finances if their marriage ends in divorce. A postnuptial agreement is much like a prenuptial agreement, except the parties enter into the agreement after they are married.

Both types of agreements set forth each party’s financial rights and obligations in the event their marriage ends. They can include wide ranging provisions to protect the financial interests of both parties including, but not limited to provisions regarding:

Approaching the topic of a prenuptial agreement with your partner can be uncomfortable or even awkward.  However, there are benefits to discussing your financial future with your partner early on.  Starting the marriage by having discussions about your finances and your future can establish an important foundation for your marriage. You will have clarity about your financial goals and spend and save accordingly.

What are the benefits of a pre or postnuptial agreement?

Approaching the topic of a prenuptial agreement with your partner can be uncomfortable or even awkward.  However, there are benefits to discussing your financial future with your partner early on.  Starting the marriage by having discussion about your finances and your future can establish an important foundation for your marriage. You will have clarity about your financial goals and spend and save accordingly.

You don’t enter into a marriage thinking a divorce may happen, but a pre or post nuptial agreement can serve as a valuable safety net in the event of a divorce.  A prenuptial agreement is like having insurance for your marriage.  In the event of a divorce, you will have security and protection in place, but you hope you never need it.  You will also avoid the significant time and expense inherent in protracted financial litigation or negotiations.

How can you ensure an agreement will be enforced?

Generally, a pre or postnuptial agreement will be upheld if the participants willingly participated, were fully informed of the other party’s financial situation, and the agreement is equitable. It is best practice then, to ensure that neither partner feels coerced to sign the agreement or entered into the agreement against their will. It is also important that both parties accurately represent themselves and their financial situation.

In addition, there are some things that cannot be included in an agreement as a matter of law.  For example, an agreement cannot predetermine what will happen with your children (i.e., child support, custody, or visitation). Child-related decisions are determined based on the children’s best interests and the circumstances as they exist at the time of a divorce. Their best interests will change as they get older, and you cannot predict what will happen in their future. Courts will also generally not enforce “lifestyle clauses” that control how a party must behave during the marriage.

To make sure that your agreement is legally binding and enforceable, you need a qualified lawyer. At Citino Family Law LLC, we walk our clients through their current financial realities and wide ranging possibilities for their financial futures to devise an agreement that meets their goals and complies with the technical requirements of the law so their agreement will hold up in court.