Prenuptial and Postnuptial Agreement Planning

Prenuptial agreements are designed to address the financial rights and obligations of parties entering into marriage, and postnuptial agreements address the same for parties who are already married, rather than relying upon applicable state law in the event of death or divorce for the determination of the parties’ rights. These agreements serve an important role for couples who see the value of safeguarding their future. Our dedicated attorneys are knowledgeable of the sensitive nature of these matters and can provide thoughtful planning services to clients as they seek to protect:

• Assets owned prior to a marriage;
• Inherited assets, gifts and trust distributions received during the marriage; and
• Assets for eventual inheritance by children from a prior marriage or relationship.

What are the requirements of prenuptial and postnuptial agreements?

Both prenuptial and postnuptial agreements are contracts. They are required to be in writing, signed and acknowledged by the parties. While the requirements for valid prenuptial/postnuptial agreements vary by state, any such agreement should include full disclosure of financial assets and obligations, and be fair at the time signed and not unconscionable when the agreement is to be enforced.

What are the typical assets and liabilities covered in a prenuptial/postnuptial agreement?

• Alimony and spousal support
• Separate/marital property
• Retirement plans
• Life insurance
• Business interests
• Management of debt
• Real property

Rather than relying upon applicable state law in the event of death or divorce for the determination of the parties’ rights, the careful crafting of prenuptial and postnuptial agreements should provide clarity of financial rights and obligations regardless of applicable state law. Our attorneys are here to help you and your family address your particular needs while protecting your interests.