Conversations about finances, property, and future responsibilities are an important part of planning a life together. A marital agreement provides couples with an opportunity to have those conversations intentionally and establish clear expectations regarding certain financial matters.
AC Law Firm assists individuals with the preparation and review of prenuptial and postnuptial agreements designed to reflect their circumstances, priorities, and objectives.
A marital agreement is not simply about preparing for the end of a marriage. It can be a planning tool that promotes transparency, clarifies expectations, and allows couples to make important financial decisions for themselves.
Prenuptial Agreements
A prenuptial agreement is entered into before marriage and can address certain financial and property rights between prospective spouses.
Depending on the circumstances and applicable law, a prenuptial agreement may address matters such as:
- Property owned before the marriage
- Treatment of property acquired during the marriage
- Business interests
- Investments and financial accounts
- Debts and financial obligations
- Inheritances and family assets
- Rights concerning certain property upon separation, divorce, or death
- Spousal support considerations
- Other financial rights and responsibilities
The appropriate provisions depend on each couple's circumstances and objectives.
Postnuptial Agreements
Couples may also decide to establish financial agreements after they are already married.
A postnuptial agreement can address many of the same financial considerations as a prenuptial agreement but is entered into during the marriage.
A couple might consider a postnuptial agreement after a significant change in financial circumstances, the creation or growth of a business, receipt of an inheritance, changes in family responsibilities, or simply because they would like greater clarity regarding their financial arrangements.
Marital Agreements and Estate Planning
Marriage creates financial and legal rights that can also affect estate planning.
For individuals entering a marriage with children from a previous relationship, significant separate property, family assets, business interests, or specific inheritance objectives, coordinating a marital agreement with an estate plan can be particularly important.
A well-considered planning process looks at how these documents interact rather than treating them as entirely separate matters.
Starting the Conversation
Discussing a prenuptial or postnuptial agreement can feel uncomfortable, but the process can also encourage meaningful conversations about finances, expectations, property, debt, and long-term goals.
Beginning the process early provides both individuals with time to consider the proposed terms, obtain independent legal advice when appropriate, exchange relevant financial information, and make informed decisions without unnecessary time pressure.
Frequently Asked Questions
Who should consider a prenuptial agreement?
Prenuptial agreements are not limited to individuals with substantial wealth. They may be worth considering when either person owns a business, has significant assets or debts, expects an inheritance, has children from a prior relationship, owns real estate, or simply wants greater clarity concerning financial rights and responsibilities.
Can we create an agreement after we're already married?
Potentially. A postnuptial agreement is entered into after marriage and may address certain property and financial matters between spouses.
Does asking for a prenup mean you expect the marriage to fail?
A marital agreement does not have to be approached that way. For many couples, it is a form of financial planning that allows them to discuss expectations and decide in advance how certain financial matters should be treated.
Can one attorney represent both people?
Because each person may have separate legal interests concerning the agreement, independent legal representation can be important. AC Law Firm can explain the appropriate representation structure based on the circumstances.
When should we start the prenuptial agreement process?
Starting well in advance of the wedding is preferable. This provides time for financial disclosure, negotiation, review, independent legal advice where appropriate, and thoughtful decision-making without the pressure of an approaching wedding date.
Plan the Marriage, Not Just the Wedding
Marriage is both a personal commitment and a relationship with significant legal and financial consequences. Thoughtful planning allows couples to address those realities openly and establish expectations that reflect their circumstances.
AC Law Firm approaches marital agreements with discretion, practicality, and attention to the individual goals of each client.
Schedule a consultation with AC Law Firm to discuss a prenuptial or postnuptial agreement.
Measured Judgment. Trusted Counsel. Exceptional Client Service.