Pre-Nuptial & Post Nuptial Agreements
Our pre-nuptial and post-nuptial agreement attorneys represent individuals contemplating a pre-nuptial agreement prior to marriage or a post-nuptial agreement after a marriage. These agreements are extremely beneficial and valid, if properly prepared by an experienced attorney.
What is a pre-nuptial agreement?
A pre-nuptial agreement (also known as a “pre-nup”) is simply an agreement between the parties prior to their marriage addressing what happens in the event of a divorce.
What is a post-nuptial agreement?
A post-nuptial agreement (also known as a “post-nup”) is simply an agreement between the parties during the marriage addressing what happens in the event of a divorce.
Pre and post-nup agreements address all the issues that would arise in a divorce, such as spousal support and the division of property. Pre-nuptial agreements resolve and determine if any alimony will be paid by a party, equitable distribution of assets and liabilities and can include penalty provisions if one of the parties commits adultery during the marriage. Any issues relating to children that may be born during the marriage (i.e. defining the amount of child support and time sharing) cannot be resolved by a pre-nuptial agreement, however.
A requirement of any contract is that the party seeking the enforcement of the pre-nuptial agreement has the burden of establishing a meeting of the minds, meaning there was an offer, acceptance and consideration. As a result, to have a valid pre-nup, the parties must not engage in coercion or fraud and it is essential that the parties make full, frank and honest financial disclosures regarding their assets, liabilities and income to one another.
A pre-nup should be signed and executed in advance of the date of marriage. If the parties sign their agreement in close proximity to their marriage date, then this could be a reason for one party to later challenge the validity of it. The marital and family law attorneys at Collin Basit Law Group oftentimes require that the signing of the pre-nup be recorded by a court reporter or videographer to safeguard that one party cannot contest it in the future.
Assuming the pre-nup was properly prepared, free of coercion or duress, timely executed, and with full and frank financial disclosure, it is unlikely that a Court can invalidate a pre-nup, no matter how one-sided it may seem.
Contact Collin Basit Law Group today at 954-414-4644.