Prenuptial and Postnuptial Agreements

Much like spouses who wish to separate are legally permitted to resolve their marriage by signing and acknowledging a separation agreement, parties may also enter into agreements prior to being married (a prenuptial agreement) and while they are married, without presently wishing to become separated (a postnuptial agreement), in the event they wish to separate or divorce in the future. The primary purpose of these agreements is to establish each person’s rights and responsibilities toward each other (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 prenuptial or postnuptial agreement. 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 prenuptial or postnuptial agreements.

Our attorneys understand that each situation is unique, and different people wish to address different issues of potential concern. We have the experience to advise you in setting up a prenuptial or postnuptial agreement tailored to address your specific needs.

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