Prenuptial and postnuptial agreements help protect your assets – and your rights – in the event of a divorce. For some couples, the process is simple and agreeable; for others, it can be an exercise in patience (to put it mildly). In either case, you need an attorney to work out any ambiguities and to develop the final, formal agreement so there are no unexpected (and potentially unpleasant) surprises if the agreement needs to be exercised in the future.
A prenuptial agreement is negotiated and executed by the parties prior to marriage. The agreement typically outlines how the parties’ separate property and marital property will be allocated in the event of divorce. It may also address other issues such as alimony payments and estate planning.
A postnuptial agreement serves the same purpose as a prenuptial agreement; however, it is negotiated and executed after the parties are married. Similar to a prenuptial agreement, a postnuptial agreement typically outlines how the parties’ separate property and marital property will be allocated in the event of divorce. It may also address other issues such as alimony payments, estate planning and how certain expenses are paid during the marriage.
When prepared correctly, prenuptial and postnuptial agreements can alleviate a long and contested divorce. At The Law Offices of Precious Felder, we are skilled in drafting prenuptial and postnuptial agreements. In addition, we have experience in litigating the enforceability and non-enforceability of prenuptial and postnuptial agreements.