The distribution of property between divorcing spouses may be established by a valid premarital agreement. Under the Uniform Premarital Agreement Act agreements made in contemplation of marriage become effective upon marriage. A valid premarital agreement can affect real and personal property, including earnings, other income and retirement benefits. A premarital agreement cannot govern child support, a child's healthcare insurance or expenses, or child care expenses.
One of the key elements of a prenuptial agreement is full disclosure and both sides must reveal all of their assets so the other person can make an informed decision. Prenuptial agreements must be in writing and signed by both parties and becomes effective when they marry. In the end, prenuptial agreements must be considered and drafted carefully to ensure the efficacy and enforceability of your prenuptial agreement.
Postnuptial agreements are different from prenuptial agreements in purpose and time and are thus treated differently by the courts. Unlike prenuptial agreements where the marriage is consideration for the contract, a postnuptial agreement is harder to show the other party received some sort of consideration in exchange for the agreement. Postnuptial agreements can be used to help protect assets that belong to one spouse and not the other when you are contemplating divorce but are attempting to reconcile. Miller Family Law can help ensure that your postnuptial agreement is drafted carefully and effectively to protect your interests in case of divorce.