What are prenuptial and postnuptial agreements?
Prenuptial agreements are contracts signed by the parties and must in writing and signed by both parties. Prenuptial agreements are mostly used by parties who have assets and want to protect those assets before coming into a marriage. A prenuptial agreement will most likely address issues like division of property, division of assets, and any agreements made between the parties in the case of a separation or divorce.
As such, prenuptual agreements will be enforced as written pursuant to the plain meaning and purpose of the contract. These contracts can be set aside based on fraud, coercion or duress, or overreaching. However, most likely litigation is required in order to set aside these agreements, which can be very expensive.
A postnuptial is an agreement that is entered between the parties after they have married. This agreement or contract also provides for division of property, division of assets, and any agreements made between the parties in the case of a separation or divorce.
If you are considering entering into a prenuptial or postnuptial agreement, it is best to contact a qualified family law attorney who can represent your best interests. Contact Jeannette Watkin, Esq. to represent you in your prenuptial or postnuptial agreement. Contact JWatkin Law. P.A., for a confidential consultation at (786) 272-6360, or contact us online.