Should You Sign a Prenuptial or Post Nuptial Agreement? Prenuptial Contract

The topic of signing a prenuptial agreement or post nuptial agreement is a controversial one and can be tricky to approach with your intended spouse. However, with the divorce rates today, legal and financial experts agree that having a prenuptial or post nuptial agreement is wise financial planning. You don't need to be wealthy to need a premarital or post marital agreement. Before you decide to create a premarital agreement, you need to understand how the law treats a postmarital or prenuptial agreement (also called a prenup or ante nuptial agreement). A marriage contract lays out the procedures, rights, and obligations in the event of divorce. It can be used to define what is separate property, marital, or community property, support an estate plan, and reduce conflicts and money spent on litigation if a divorce occurs. Some reasons for signing a prenuptial or postnuptial include:

• Ownership of assets, such as a house, bank account, or retirement plan
• Owning interest in a business
• Expectation of receiving an inheritance
• Having kids or grandkids from a previous marriage
• An imbalance in wealth between spouses
• Paying for the other spouse's education
• Having elderly parents or dependents to support
• Pursuing a career or business opportunity that could increase your wealth

To enforce premarital and postnuptial agreements, the issues looked at by the court include:

1. Was there voluntary agreement to the premarital or post marital agreement?

2. Did the parties have an opportunity to have a lawyer of their choosing review the ante nuptial or postmarital agreement?

3. Was complete financial disclosure of all assets, liabilities, and income made in the prenup or postnuptial financial statements?

A prenuptial agreement can be voided for the following reasons:

• A premarital agreement must be fair and reasonable. A premarital agreement may be found unconscionable if it leaves one spouse without a reasonable means of support, forced to live on public assistance, or well below the standard of living enjoyed before marriage.


• The spouses didn't retain their own independent counsel to review the marriage contract, or waive the right to do so in writing.


• There was incomplete or false information disclosed in financial statements.


• The prenup contains provisions that attempt to avoid legal obligations for child support.


• The agreement was signed without reasonable time for consideration or under undue pressure or coercion.


• The agreement isn't in writing. An oral premarital agreement is unenforceable.

US Legal Forms offers affordable, professionally drafted prenuptial and postnuptial forms for all states. We also have a wide range of related alimony and property settlement forms available.