Pre Nuptial Agreements
and Post
Nuptial Agreements
A Pre Nuptial Agreement is an agreement between the parties before they marry. It becomes effective once the parties marry. These agreements are entered into for the purpose of altering the legal effect marriage would have otherwise upon the property rights of the parties.
A Post Nuptial Agreement is an agreement between the parties during their marriage. These agreements primarily deal with the division of property, alimony, and issues regarding the parties' children. Courts tend to uphold marital agreements if they are entered into freely and voluntary and without any undue influence.
One major difference between a pre-nuptial and post-nuptial agreement, is that the parties have no duty to disclose the extent of his or her assets in a pre-nuptial agreement, but must provide full disclosure in a post-nuptial agreement. Therefore, during the marriage the parties may not conceal his or her net worth, but they are allowed to before the marriage.
If you have any questions regarding a Pre Nuptial or Post Nuptial Agreement,
please do not hesitate to contact our office so that we may advise you and help
you decide if a Pre Nuptial or Post Nuptial Agreement is right for
you.
