Prenuptial and Post-Marital Agreements

A prenuptial agreement is a private agreement between two persons contemplating marriage. The couple generally settles, in advance, financial matters in the event of death or divorce. "Lifestyle" or non-financial topics also may be included. This pre-marriage contract overrides and preempts state, family and probate laws that otherwise would apply.

A prenuptial agreement is helpful in cases where a second marriage is contemplated or where there is a large separate estate. It is important that the work on a prenup begin early as there are time restrictions on how long the parties have to draft the document before it is signed. It is absolutely essential that both parties be represented even if one party is required to assist the other party in retaining counsel. As a general rule we will not accept representation either as the drafting or reviewing attorney of a prenup agreement if the anticipated wedding is less than 30 days in the future.

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