Pre-Nuptuals/Marital Agreements
A prenuptial agreement is a contract entered into by two people before theirmarriage. They decide how their property will be divided if they get a divorce,
legal separation, or annulment, or when one of them dies. The contract
contains all of these agreements. Sometimes couples wait until they are
married to make these agreements – then the contract is a “marital agreement.”
In general, a prenuptial or marital agreement is more likely to be enforced by a
court if the contract is fair and if both spouses are honest and clear about their
finances, including salary, other income, possessions and property, and debts.
Sometimes a couple will not follow the agreement while they are married, and
this can make the agreement unenforceable.
Prenuptial and marital agreements are very complicated and are often notenforced by a court unless they are carefully written. Attorneys can help make
sure an agreement will be enforced. It is a good idea for both of you to have
independent legal advice (that means different attorneys for you and your fiancé
or spouse) and help drafting such a contract.