An agreement between people about to marry made before a ceremony is performed and in anticipation of marriage is usually called a prenuptial agreement. Contract law governs these agreements. Through such contracts, the couple may agree on a number of issues, including:
- Property rights concerning property acquired before or during the marriage in case of divorce or death
- Inheritance rights, including special provisions for children by a previous relationship or for any children born of the upcoming marriage
- Alimony issues and/or monetary awards in the event of a divorce or separation
Generally, a valid prenuptial agreement remains enforceable after divorce. However, the prenuptial contract must be in writing and signed by both parties. Verification of a signature by a notary public, although not required, would further validate the document in later court proceedings.
The drafting of a prenuptial agreement can help protect your individually-gained assets in case of divorce. Even if you have full trust in your soon-to-be spouse, a well-drafted Prenuptial Agreement can help protect your assets. Many attorneys lack the proper experience necessary to draft a comprehensive Prenuptial Agreement. Adam S. Hyman is experienced in drafting comprehensive Prenuptial Agreements.
Many people are unaware that people who are already married and who may not plan to divorce can enter into a Postnuptial Agreement to help govern the disposition of assets or dictate other financial matters in case of certain eventualities. Likewise, many attorneys do not have experience in drafting effective Postnuptial Agreements. Adam S. Hyman does.