Prenuptials and postnuptials become very important when one or both parties wishes to protect certain assets acquired prior to the marriage in the event of divorce or even death. In the event of dissolution, these agreements have the ability to prevent significant contested and time consuming litigation over dividing assets and debts, the issues of alimony, and other issues such as attorney’s fees and costs.
There are very specific requirements that are required to ensure that a prenuptial or postnuptial is not set aside by a court later, should a party ever seek to obtain a dissolution or death thereafter.
It is for this reason that it is important to consult with an attorney if you are interested in having a prenuptial or postnuptial prepared.
One issue that is extremely important is ensuring that any agreement reached is done so after both parties had an opportunity to select an attorney of their choosing to review it and give them legal advice.
It is never a good idea to suggest specific attorneys to your fiancé. Further, having an attorney for your fiancé strengthens the chances that the agreement will be upheld in the event of a dissolution thereafter.
Another important issue is to ensure there has been full financial disclosure prior to signing any agreement. All income, assets and debts should be disclosed by both sides before signing any agreement.
There are certain things that cannot be agreed upon in a prenuptial/postnuptial. This includes the ability to waive temporary attorney’s fees or temporary alimony.
The parties are also not able to enter into timesharing agreements relating to a child in these agreements. There is some language that attorneys use to try to have these issues considered and you should consult an attorney if you wish to consider including these issues.