Pre-Nuptial & Post-Nuptial Agreements
Generally, we do not think of marriage as a contract between the spouses, but marriage actually creates a set of rights and obligations between spouses similar to a contract. Each state’s laws define the couple’s rights and obligations. Unfortunately, when most of us marry, we are not aware of the terms of the marriage contract until there is a dispute or tragic event, such as one party seeking a divorce, dying or becoming disabled. A pre-nuptial agreement merely addresses or changes the terms of the marriage contract to meet the couple’s needs and circumstances.
Although it may be difficult to raise the issue and discuss the terms of an agreement, the increase in second marriages makes it all the more important to address these difficult issues upfront and prior to death, separation or other crisis. Children from the first marriage, as well as the second spouse, all have an interest in ensuring the couples’ estate plan is comprehensively and carefully organized to protect all parties. By addressing matters upfront as part of the estate plan, our attorneys can better manage expectations and establish an environment for all concerns and objectives to be addressed and carefully handled.
There are three main issues addressed in a pre-nuptial agreement: