Prenuptial Agreements

Prenuptial agreements are contemplated and signed prior to a marriage.  They provide couples the opportunity to discuss their current assets and to consider how their situations may change in the future.  Couples often turn to prenuptial agreements to gain some financial certainty for their future by reaching an agreement on the division of assets and debts, potential spousal support/alimony in the event of a divorce, and other financial considerations.

In order to have a valid and enforceable prenuptial agreement, there are certain standards of fairness that must be met.  The Court will look at the following criteria to determine that fairness:

1. Was the agreement obtained through fraud, duress or mistake, or misrepresentation or nondisclosure of material fact?
2. Was the agreement unconscionable when executed?
3. Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable?

It is important to understand the differences between a prenuptial agreement and a postnuptial agreement.  Postnuptial agreements still allow couples to discuss current assets and future situations, but they are created after the parties are married.  However, parties cannot sign postnuptial agreements in anticipation and promotion of a separation or divorce.  Agreements signed after the parties have already separated or agreements that clearly outline parties’ intent to remain married are more likely to be valid.

We welcome you to contact our office to schedule your confidential consultation. Consultations can be scheduled during regular business hours, Monday through Friday 9:00 a.m. to 5:00 p.m., and on evenings and weekends upon request.