What Are Prenuptial And Postnuptial Agreements?

A prenuptial or premarital (often call "prenup") agreement or a postnuptial ("postmarital") agreement may be appropriate for you if this is your first marriage, but happening later in life, if you have significant inheritance to protect, if you are contemplating a subsequent marriage or if you have already acquired significant assets at the time of marriage.

Prenuptial and postnuptial agreements are typically the same basic document except the former is executed before the marriage and the latter is executed after. With a postnuptial agreement, there are some additional protections because the parties are already married at that point.

Prenuptial and postnuptial agreements are contracts that provide for property division and support should the marriage end in divorce. Typically the contracts provide for property division in the event of a divorce. The agreement may avoid disputes down the line with clear identification of certain non-marital assets. The agreement may also outline options that are outside of what the law would provide. At the time of the divorce, the court determines if the agreement is enforceable.

If You Need A Prenuptial Agreement - Don't Wait Until The Last Minute

A common mistake is a couple that hasn't considered whether they need a prenuptial agreement or did consider it, but left it to the last minute. The enforceability of a prenuptial agreement is at issue at the time of divorce. If the parties waited until the day before the wedding to execute their agreement, then a question of enforceability becomes a big one.

If you anticipate needing a prenuptial agreement, consult with an attorney at least three-six months before the wedding date.

I can assist clients with prenuptial or postnuptial agreements throughout the Atlanta metro area and greater Georgia. Call Bruner & Associates at 404-348-8953 (toll-free 866-544-0951) or email to set up a free consultation with an experienced lawyer.