Much like spouses are legally permitted to resolve their marital relationship when they wish to separate by signing and acknowledging a Separation Agreement (See "Separation"), parties may also enter into agreements in contemplation of being married (a Pre-nuptial Agreement) and while they are married but do not presently wish to become separated (a Post-nuptial Agreement), to define their rights and responsibilities toward each other in the event they may subsequently wish to separate or divorce. The primary purpose of these Agreements is to establish these rights and responsibilities (usually to protect assets or legal rights or limit the claims of a spouse or prospective spouse) at a time when the parties are in general agreement, and not at a time when marital discord and disagreement has arisen.
Most of the same rights and responsibilities that are addressed in the event of a divorce can also be "pre-addressed" in a pre-nuptial or post-nuptial agreement. In that each situation is unique and different people wish to address different issues of potential concern, these types of agreements are often tailored to address the specific needs of the individuals involved. Further, many of the same legal formalities that are required in order to enter into a Separation Agreement are also required or advisable in the case of pre-nuptial or post-nuptial agreements.
To discuss any issues or questions with respect to pre-nuptial or post-nuptial agreements, please contact Lawrence J. Schwind.