Prenuptial & Postnuptial Agreements

A prenuptial agreement is a contract between persons about to be married.  It usually clarifies about-to-be-spouses intentions towards one another in the economic realm, should they ever get divorced.  Or, once people marry, a prenuptial agreement can be made to specify which assets are to be kept separate, and which should be considered joint.  

Another purpose of a prenuptial agreement is to prevent, to the extent possible, the manner in which state laws dictate the distribution of assets and the manner of settlement of joint debts, in the event of a divorce. The execution of a prenuptial agreement presupposes the imminent or eventual marriage of the parties, and is often meaningless if they never wed.  In that sense, it anticipates the act of marriage, and is not activated until they marry. 

A postnuptial agreement is similar to a prenuptial agreement, with one rather obvious difference.  Although postnuptial agreements are entered into voluntarily, it is made after the parties marry.  Therefore, it represents the parties agreement to a different disposition, should they ever divorce, of their assets and debts than the laws of the state would dictate if they had made no such agreement, or if the laws change some time later on in the marriage.

With a postnuptial agreement, there is no longer any act (such as marriage) contemplated to take place after its execution, as there is with a prenuptial agreement.  The parties are already married.  Therefore, a Court may reason that all of a postnuptial agreement’s provisions were made with greater deliberation consideration, and should be more closely scrutinized than a prenuptial agreement.

In a sense, a postnuptial agreement is made more clarity of the couple’s intentions than a prenuptial agreement.  The reason for this is that a postnuptial agreement contemplates an ongoing marriage, and one in which both parties reason that it is to their individual and mutual advantage to delineate their interest with openness, and with some perspective on their relationship so far.

What You Should Know
Marriage is an incredibly significant and happy moment in the lives of spouses-to-be.  Clothed in emotion, anticipation, religion, and expectation, it can seem to be above most earthly concerns.  Yet, marriage is also a social and economic contract. 

A couple who is comfortable enough with each other to discuss how each feels about money, possessions, inheritances, business, sharing, work, debt, and so forth, can benefit greatly from this comfort level.  They can find that having such discussions can help each get to know the other even better, and spell out things they might never have thought to put into words, much less down on paper.  This clarity can be leveraged and amplified into an agreement that provides each with far greater security than do the laws of the state.

Long Island Divorce & Family Law Attorneys

If you are contemplating marriage, or if you are already married, and you have the desire to protect certain assets, define how they are shared, and augment the strength of your bond to one another, a pre or post nuptial agreement may be advisable.  Should you and your fiancé or spouse wish to pursue this very powerful kind of agreement, please contact our firm.  At The Law Offices of Martin K. Lang, P.C. we have over four decades worth of combined skill and experience in family law.  Our attorneys can help you craft an agreement that expresses perfectly the way you wish to further shape the economic realities of your relationship, beyond “I do”. 

Call us today at 516-227-2255 or 631-226-4200 for your free consultation.

Contact us for Prenuptial or Postnuptial consultation.

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