Prenuptial Agreements

A prenuptial agreement (also known as an antenuptial or premarital agreement, commonly called a "prenup") is a legally binding contract entered into by two individuals before they marry or enter a civil union. The purpose of a prenuptial agreement is to specify how certain legal and financial matters will be handled both during the marriage and in the event of divorce or death.

Key aspects typically addressed in a prenuptial agreement include:

• Property Division: How assets and debts will be divided if the marriage ends, including property acquired before and during the marriage.
• Alimony/Spousal Support: Whether one spouse will pay the other alimony (spousal support), and if so, the amount and duration of those payments.
• Inheritance Rights: Provisions to protect inheritance rights, such as preserving certain assets for children from previous relationships or for specific heirs.
• Waiver of Rights: In some cases, a prenuptial agreement may include waivers of certain legal rights, such as the right to claim an elective share of the deceased spouse’s estate.

Prenuptial agreements allow couples to supersede default marital laws that would otherwise apply in the event of divorce or death, giving them more control over their financial and legal affairs. These agreements are recognized and enforced in many jurisdictions, provided they are entered into voluntarily, with full disclosure, and without coercion.

Postnuptial agreements are similar but are entered into after marriage.