The Law Offices of
Jonathan D. Larose APC
Divorce & Family Law Attorneys

Prenuptial & Postnuptial Agreements

Pre-Marriage: A pre-marriage agreement can serve a variety of purposes. It can determine what property will be marital property and what property will remain separate property. It can discuss spousal support and who will pay for a divorce if one occurs. A pre-marriage agreement cannot discuss custody, or visitation, or child support. There are strict deadlines for when a pre-marriage agreement needs to be completed. And the closer it is to the date of marriage, the greater the risk that it may not be enforceable.

Post-Marriage: This agreement is done during the marriage. It allows you to change the character of property — for example, converting someone’s separate property to community property. Whether spousal support can be part of a post-marriage agreement depends on the circumstance. Unlike a pre-marriage agreement, post-marriage agreements can be easily challenged by either spouse because of the legal duties that spouses owe each other.

Next Steps
Prenuptial Agreements: Even the simplest agreement requires a great deal of approach and planning. The issue should be advance-raised with your partner, carefully. Each side will have to disclose to the other, in writing, all known assets, debts, income and expenses. We would advise each side having an attorney to sign-off on the agreement. If you own any property, including a 401k, a home, investments, a business, or even expect to receive a significant inheritance, then you should have a pre-marriage agreement. If you have been married before, then you should have a pre-marriage agreement. Even if you have not been married before, you should have a pre-marriage agreement.

A pre-marriage agreement can change the rules regarding spousal support. It can limit the legal fees and costs you may have to reimburse your spouse for if you go through a divorce. It can identify what debts a person may be responsible for. It can protect you if you are receiving income from a trust. It can help you if you own, or expect to own, a business.

The best pre-marriage agreements are the result of careful advance planning with your attorney. We create pre-marriage agreements, we review agreements our clients are presented with and then represent their interests, and we challenge or defend pre-marriage agreements in court actions.

Post-Marriage Agreements: These agreements need to be carefully drafted, as they are very easy to challenge. If real property is involved, additional documents like transfer deeds may be needed. Witnesses may also need to be involved. We generally recommend each side have attorneys as well.