Prenuptial agreements are entered into prior to marriage and are designed to set forth the parties’ agreement should things not work out in the future. They are often used in second marriage situations where one or both parties have assets going into the marriage and either: a.) do not want the other party to have access to those assets; or b.) want to insure that their children from a prior marriage inherit the property by preventing their new spouse from exercising marital rights to the property.
Post nuptial agreements are agreements entered into after the parties have become married and address how assets may be divided should either the marriage end in divorce or due to the death of a spouse. Again, they are quite often used in the second marriage situation to protect assets a party wishes to be distributed to their children of a prior marriage.
Icard Merrill’s family law department collaborates with other practice groups in our firm to provide comprehensive legal services in the areas of taxation, real estate planning, and other fields integral to prenuptial and postnuptial agreement matters.
Raising the issue of a prenuptial or postnuptial agreement can be both highly emotional and legally complicated. For compassionate guidance, enhanced representation, and peace of mind, contact us today to speak with a skilled Icard Merrill family law attorney.