Prenuptial agreements are entered into between parties contemplating marriage in order to solidify and define certain rights and obligations between them. Some prenuptial agreements may be simple while others may be complicated and involve conjunction with estate planning. Prenuptial agreements may be used to specify, determine, and set certain property rights (whether existing prior to or acquired during the marriage), alimony and spousal support rights, inheritance rights, pension and retirement rights, and all other issues which may be appropriate under the specific circumstances. A prenuptial agreement may not be utilized to define children's issues or child support as such provisions are against public policy.
Post-nuptial agreements are entered into between spouses during their marriage (or as Marital Settlement Agreements at the time of divorce) in order to define rights between them upon termination of their marriage. While similar to prenuptial agreements, post-nuptial agreements require full disclosure of income & expenses and assets & liabilities. As a safeguard, it is advised that such full disclosure also be made when entering into prenuptial agreements.
At the Law Offices of Jonathan A. Zahler, P.A., we are experienced in drafting both prenuptial and postnuptial agreements and give due consideration to potential litigation issues which arise regarding such agreements.