Prenuptial agreements are binding contracts that couples enter into prior to getting married. Oftentimes, one or both parties want to protect certain assets in the event of a divorce as well as reach an agreement on how the couple will handle their finances both during the marriage and in the event of a divorce. A prenuptial agreement, however, cannot dictate child custody or child support, either for existing children of the couple or unborn children.
Postnuptial agreements are binding contracts that couples enter into after marriage. In the event that couples did not have the time to draft a prenuptial agreement prior to the marriage, or in the event an unexpected event happens during the course of the parties’ marriage, but the goal is to stay married, couples have the option of entering into something called a Postnuptial agreement.
Most divorcing couples, even if their case starts out in litigation, end up settling. In divorce law, settlement is when the couple enters into a written agreement called a Marital Settlement Agreement, a Separation and Property Settlement Agreement, or some variation thereof, all of which are also generally considered postnuptial agreements. These written agreements serve as a contract between the parties that directs how the parties will dissolve their marriage. These written agreements address, if applicable, custody, support, property division, division of retirement accounts, the marital home and any other real property owned by both or one of the parties, any businesses, vehicles, bank accounts, taxes and even the family pet(s). The Amos Perrick Law team attorneys have extensive experience drafting prenuptial and postnuptial agreements. They can also provide consultation, review and negotiation of an agreement your spouse or significant other has presented to you, if your spouse or significant other has already presented you with a draft prenuptial or postnuptial agreement.