A prenuptial agreement is made before your marriage to resolve issues of support and property division if the marriage ends in divorce or by death of the spouse. Prenuptial agreements between prospective spouses are generally valid. However, the prenuptial agreement must be in writing and signed by both parties. The basic requirement of a prenuptial agreement is that it must be voluntarily entered into without undue influence or coercion. The prenuptial agreement must also be fair and just, or it must have been entered into after full and fair disclosure, or after completion of discovery prior to the marriage. Issues that can be addressed in a prenuptial agreement include, but are not limited to, alimony and division of marital and non-marital property. A postnuptial agreement is similar to a prenuptial agreement, except a postnuptial agreement is made after you and your spouse are married. Reasons for entering into a postnuptial agreement may include protecting an individual’s assets should they receive a large inheritance while married and then get a divorce, or making financial arrangements between a married couple that is separated but working to resolve their marital issues.
Prenuptial and postnuptial agreements are extremely important: They allow you to not only reach a mutual agreement with your spouse when it comes to your assets, but also save you a lot time and money in court. It is crucial to have an experienced attorney examine your situation closely and help you draft an agreement that best protects your assets, or carefully review an agreement that has already been drafted to ensure it is in your best interests. If you are in need of a skilled prenuptial or postnuptial agreement lawyer in St. Augustine or St. Johns County, call Canan Law today to schedule a consultation.