A prenuptial agreement (pre-nup) or a postnuptial (antenuptial) agreement may substantially impact your property division, debt division, and an award of maintenance in a divorce. Here are some things you should know:
- A premarital agreement is the same as a prenuptial agreement. It is signed before you are married. A marital agreement is the same as a postnuptial agreement or antenuptial agreement, which is signed after the marriage.
- Both premarital agreements and marital agreements may be enforced by the court but only if done correctly.
Some important things to do if you are entering into a premarital agreement or marital agreements are:
- Do not sign just before the wedding. The closer to the wedding, the more likely there will be a claim for duress.
- Do disclose your income, expenses, debts and assets completely.
- Do have attorneys for each spouse.
- Do have a written agreement.
- Do have an attorney prepare your document and provide legal advice to both of you before you sign.
- Do sign the document before a notary public.
- You can agree to not divide appreciation in marital property at the time of a divorce.
- Do have your attorney sign the document at the same time.
Include the following language conspicuously displayed, substantially similar to the following, as applicable to the premarital agreement or marital agreement:
Make sure you consult an attorney before executing and kind of marital agreement.