Similar to premarital agreements, postnuptial agreements or postmarital agreements are contracts between two parties after they are married. Like premarital agreements, the parties are able to agree to terms concerning assets, property, debt, and other important decisions should either party file for dissolution or legal separation in the future.

The scope of the agreement is entirely up to the parties and may even include provisions as to what “lifestyle” the parties expect to enjoy during the marriage. Our role is to advise clients of their legal rights during the process, as well as the validity and conscionability of the agreement should it be questioned during a dissolution or legal separation process.

Premarital and postmarital agreements can include, but are not limited to, the following:

• Spousal support/maintenance
• Property ownership
• Division of property
•  Terms upon death
•  Debt responsibility
•  Allocation of assets
• Lifestyle clauses

Premarital and postmarital agreements can become extremely beneficial to individuals with a high net worth, considerable premarital assets, a substantial inheritance or settlement, second marriages, or those who simply want to prepare for whatever the future may hold. Premarital agreements often save significant time and money for both parties in the event that a dissolution of marriage or legal separation were to occur in the future. 

Because these agreements are of such an intimate and serious nature, it is important to be cautious. It is our responsibility to provide our clients with every nuance and perspective in order to guarantee they are freely entering into an enforceable, fair and equitable premarital or postmarital agreement in good faith and with full knowledge, information, and disclosure, and free from duress. Ensuring that our clients are apprised of their future rights and obligations in accordance with their agreement is our top priority.