Prenuptial and Postnuptial Agreements

Prenuptial and Postnuptial Agreements

A prenuptial agreement or “ prenup ”, is a contract entered into prior to marriage. It divided the assets prior to marriage in case of divorce. Often times it is thought that prenups are for the wealthy only, but anyone who wants to protect his or her pre-marital property in the event of a divorce should consider getting a prenup.

A prenup helps in the event of a divorce. It is very likely that a court will approve the agreement and incorporate it into the final divorce decree. It is important to talk about the terms of a prenup and the expectations of the prenup with your partner. It is best to meet with an attorney at least 4 to 6 months prior to marriage to ensure all aspects of your prenup are covered. Clearly laying out what are separate assets will ensure no co-mingling of assets take place during the marriage.

The common areas covered in a prenup are protection of separate property, alimony/spousal maintenance, and community property division. Deciding before marriage what is yours, mine and ours helps keep the costs down should a divorce happen.

Postnuptial agreements are similar to prenuptial in that they are legal agreements entered into by both spouses during the marriage listing how assets or debts will be divided in the event of a divorce.

This is not a one size fits all process. Heather Hudson will work closely with you to identify your assets, financial resources, debts, and your goals to help protect you and your future spouse. Your agreement can address many things, most common are property division and spousal maintenance/alimony.

This is a great opportunity for you and your spouse to be on the same page about planning your future together. Let us help protect you and your spouse for the long term.

Let the team at Heather Hudson Law Firm, PLLC, help you navigate this process.