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Pre-Nuptial and Post-Nuptial Agreements

Prenuptial Agreements

Prenuptial agreements are contracts entered into by prospective spouses to delineate their property rights and spousal support obligations in advance of marriage. A prenuptial agreement is enforceable after the wedding of the contracting parties, and if the terms so provide, upon the dissolution of the marriage or the death of one of the parties. Essentially, a prenuptial agreement determines the terms and conditions for entering into marriage. An enforceable prenuptial agreement waives or establishes rights which become irrevocable and it supercedes any prior or subsequent will that contains contrary terms. For example, a prenuptial agreement may provide that a spouse is not entitled to marital assets and not entitled to alimony regardless of the term of the marriage, the size of the marital estate, or the need of the spouse for support. Additionally, a prenuptial agreement can provide rights in a person who is not a party to the agreement, such as a child from a prior marriage.

 It is important that the parties comply with the provisions of the prenuptial agreement, because if a court deems that the agreement has been abandoned, by intentionally acting against its terms or by renouncing its benefits, the court will not enforce its terms.

Post-nuptial Agreements

Postnuptial agreements are contracts that are entered into by spouses after the marriage that fixes all or some of their property rights and support obligations in the event of a dissolution. The agreement is valid as long as the agreement does not promote divorce or violate any other public policy, such as clauses that attempt to relieve a party of the duty to support his or her spouse or minor children during their years of marriage. Just like the prenuptial agreement, it is important that both parties comply with the agreement's concerns as the agreement will terminate if both parties abandon it by acting against its terms or by renouncing its benefits, or if one party abandons it and the other party acquiesces.

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