Prenuptial and Postnuptial Agreements
Determine the marital rights before and during your marriage.
Marital Settlement Agreements
Contractually determine the rights and obligations arising out of your dissolution.
A prenuptial agreement, also commonly referred to as an antenuptial agreement, is a contract that a couple enter into prior to, and in contemplation of, a marriage, or “nuptial.” A prenuptial agreement is a powerful tool that can accomplish a variety of goals, including defining property rights, assigning responsibility for liabilities, establishing (or waiving) spousal support obligations, and providing for the procedures that will be utilized in the event that the parties divorce. A postnuptial agreement is able to accomplish the same ends as a prenuptial agreement – the main difference is that a postnuptial agreement is entered into after a marriage, rather than before it.
While the concept of a prenuptial agreement may seem straightforward, there are a number of procedural and substantive requirements that must be satisfied in order for an agreement to withstand a challenge to its validity. If an attorney that is unfamiliar with these requirements drafts a prenuptial agreement incorrectly, a spouse may find that the protections that he or she relied on are, in fact, null and void. At Rohe ◆ Twyman, our attorneys are intimately acquainted with drafting agreements that provide the protections you need while meeting the rigorous standards demanded of prenuptials. If you anticipate getting married in the future and believe that you may need a prenuptial agreement, or if you have already married and wish to explore the possibility of entering into a postnuptial agreement, contact us today to set up a consultation.