Pre-nuptial and post-nuptial agreements are contracts between spouses or prospective spouses which determine the financial rights and obligations of each in the event of divorce and sometimes death. The only difference between a pre-nuptial and post-nuptial agreement is that one occurs prior to marriage, and the other is entered into following the commencement of a marriage.
There are many different purposes for a pre-nuptial or post-nuptial agreement including asset protection to confirm the property that the respective parties have coming into the marriage, establish rights regarding income earned during the marriage, provide for an alternate property arrangement in lieu of community property rights, and can also serve as a form of estate planning to ensure adult children of a spouse receives a parent’s assets.
We work with our clients to negotiate a pre-nuptial or post-nuptial agreement that will be enforceable and will meet your needs while preserving the relationship between spouses or soon to be spouses. While the decision to enter into a pre-nuptial or post-nuptial agreement is a personal one, protecting personal assets in the event of a divorce requires knowledge of special areas of law, including community property and contracts. At Dockstader Orliczky, we can help in crafting appropriate agreements to suit the wishes of each individual client.