Build a strong foundation for your marriage with clear agreements about finances, assets, and expectations. Attorneys help couples have productive conversations and create enforceable agreements.
What Are Marital Agreements
Marital agreements, whether prenuptial or postnuptial, are contracts between spouses or prospective spouses that address property rights, financial responsibilities, and what happens in the event of divorce or death. Far from being pessimistic, these agreements represent thoughtful planning.
Many couples find that the prenup process, which requires honest discussion about finances, expectations, and values, actually strengthens their relationship. Addressing these topics before marriage prevents the assumptions and unspoken expectations that often lead to conflict.
Marital agreements are particularly valuable for those with business interests, significant assets, children from prior relationships, or expected inheritances. They provide certainty and protect both parties while encouraging productive communication.
Why It Matters
Keep assets you bring to the marriage separate, especially family wealth, business interests, or expected inheritances.
The prenup conversation often reveals assumptions about money that are better discussed before marriage.
Prevent a business you built from becoming a marital asset subject to division.
Ensure children from prior relationships are protected and inheritance plans aren't disrupted.
If divorce happens, a prenup can dramatically reduce conflict, cost, and emotional stress.
Couples often find that the prenup process improves their communication about difficult topics.
Services
Attorneys help couples create agreements that protect both parties while strengthening their relationship foundation.
A prenuptial agreement, executed before marriage, establishes how assets and debts will be handled during the marriage and in the event of divorce or death. Far from unromantic, a prenup is a practical conversation about finances that many couples find brings them closer together.
A postnuptial agreement serves similar purposes as a prenup but is executed after marriage. Couples may seek postnups when circumstances change, such as starting a business, receiving an inheritance, or simply wanting to clarify financial expectations.
For unmarried couples living together, a cohabitation agreement addresses property rights, financial responsibilities, and what happens if the relationship ends. Without such an agreement, unmarried partners have few legal protections.
Marital agreements often require careful classification of assets as separate or marital property. Your attorney helps couples identify, value, and properly characterize their assets to ensure agreements are enforceable.
Business owners need special attention in marital agreements. Your attorney helps protect business interests from division in divorce while addressing fair treatment of both spouses and potential community property claims.
Marital agreements should coordinate with estate plans. Your attorney ensures your prenup or postnup works with your wills, trusts, and beneficiary designations to achieve your overall planning goals.
As circumstances change, existing agreements may need modification. Your attorney helps couples amend their marital agreements to reflect new realities while ensuring continued enforceability.
Marital agreements must meet specific legal requirements to be enforceable. Attorneys review existing agreements and draft new ones with enforceability as a primary consideration, including proper disclosure and independent counsel requirements.
The Process
Creating an enforceable marital agreement requires proper process. Your attorney guides you through each step.
Your attorney meets with each partner separately to understand individual goals, concerns, and assets. This ensures both parties have independent counsel and can speak freely.
60 minutes each
Both parties complete comprehensive financial disclosure. Full disclosure is essential for enforceability and ensures informed decision-making.
1-2 weeks
Attorneys facilitate discussions between the parties (through counsel) to identify points of agreement and work through areas requiring negotiation.
2-4 weeks
The agreement is prepared reflecting negotiated terms, with attention to state-specific requirements and enforceability considerations.
1-2 weeks
Both parties and their counsel review the draft, request revisions, and finalize terms. This may involve multiple rounds of review.
1-2 weeks
The final agreement is signed with appropriate formalities. Completing prenups well before the wedding is recommended to avoid duress arguments.
1 day
Common Questions
While not always legally required, it is strongly recommended that each party have independent counsel. This strengthens enforceability, ensures both parties fully understand the agreement, and prevents later claims that one party was taken advantage of. The team can recommend qualified attorneys for your partner.
Beginning at least 3-4 months before the wedding is recommended. Rushing a prenup can lead to enforceability challenges based on claims of duress or pressure. Starting early allows time for thoughtful discussions, proper disclosure, and any necessary negotiations.
No. Prenups are valuable for anyone with assets, debts, business interests, children from prior relationships, or simply a desire for clarity about financial expectations. They're particularly important for business owners, professionals with student debt, and those expecting inheritances.
In most states, prenups can address spousal support, though some states limit waivers of support. Your attorney will advise you on what's permissible in your state and draft provisions that are likely to be enforced while protecting both parties' interests.
Key factors include: full financial disclosure by both parties, independent legal counsel (or knowing waiver), adequate time before the wedding, no fraud or duress, and terms that aren't unconscionably one-sided. Agreements are drafted with enforceability as a primary consideration.
Yes. Postnuptial agreements serve similar purposes and are available to already-married couples. They're common when circumstances change, such as starting a business, receiving an inheritance, or simply wanting financial clarity.
Schedule a consultation to discuss your situation and explore how a marital agreement can strengthen your relationship foundation.
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