At Davis Law Firm (and out in the real world), we hear statements like this often. Unfortunately, this regret is known all too well by many individuals who did not ensure that a pre-nuptial agreement was signed prior to marriage. Additionally, many couples do not realize that there is an option to enter into this contract after the wedding.
That’s why Genevieve Davis provides the services of pre-nuptial and post-nuptial agreements to her clients. Genevieve specializes in the drafting and review of these agreements, and she understands the importance of tailoring each agreement to the needs of the couple.
“I just wish I had asked him to sign a pre-nup! It would have saved me a lot of time, money, and headache!”
At Davis Law Firm (and out in the real world), we hear statements like this often. Unfortunately, this regret is known all too well by many individuals who did not ensure that a pre-nuptial agreement was signed prior to marriage. Additionally, many couples do not realize that there is an option to enter into this contract after the wedding.
That’s why Genevieve Davis provides the services of pre-nuptial and post-nuptial agreements to her clients. Genevieve specializes in the drafting and review of these agreements, and she understands the importance of tailoring each agreement to the needs of the couple.
Do you think that a pre-nuptial or post-nuptial agreement is only for wealthy people? Think again!
The ending of marriage — whether by divorce or the death of a spouse — is simply a part of life. In addition, pre-nup and post-nup agreements are decidedly not “unromantic” because they encourage communication and statements of expectation prior to marriage. When taken seriously, the presence of a pre-nup or post-nup agreement is a tangible reminder that both halves of a couple are on the same page—an agreement in every sense.
Common Questions about Pre-Nup and Post-Nup Agreements
What is a pre-nuptial agreement (“pre-nup”)? How does it differ from a post-nuptial agreement (“post-nup”)?
A pre-nuptial agreement — commonly known as a pre-nup or a pre-marital agreement — is a written contract entered into by two partners before their marriage or civil union. The agreement enables them to select and control many of the legal rights they acquire upon marrying, and what will occur when their marriage eventually ends, either by death or divorce.
Couples enter into a written pre-nup to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek alimony with agreed-upon terms that provide certainty and clarify their marital rights.
A post-nuptial agreement contains many of the same elements as a pre-nup, but the contract is signed after the couple is married.
Why would we need a pre- or post-nup?
Pre-nuptial and post-nuptial agreements are entered into for many reasons. These are the most common:
- Clarify and agree upon each partner’s financial rights and the division of responsibilities within a thriving marriage.
- Provide for the surviving spouse and children, in the event of a death — particularly if the deceased spouse has children from a previous marriage. The division of property, assets, savings, and benefits is outlined within the agreement.
- Avoid excessive conflict during the divorce process. If your marriage were to end in divorce, an agreement can be reached efficiently, using the terms agreed upon in the pre-nup or post-nup agreement.
What if my spouse and I don’t have a pre- or post-nup, and our marriage ends?
If no pre-nuptial or post-nuptial agreements exist, the respective divorce and probate (estate settlement) laws of your state will apply regarding the division of marital property, debt, and any other assets. If you and your partner believe that it is in your best interest to make your own arrangements, consider entering into a pre-nup or post-nup contract.