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Prenuptial & Postnuptial Agreements

Prenuptial & Postnuptial Agreements

A prenuptial agreement (also referred to as an ante-nuptial or premarital agreement) is a written contract made between two parties in contemplation of marriage that becomes effective upon their actual marriage. A postnuptial agreement (also referred to as a post-marital agreement) is a written contract made between two parties after their marriage, which becomes effective upon the execution of the agreement or upon another condition established by the parties.

Both prenuptial and postnuptial agreements seek to govern the interests and property of the parties in the event of a subsequent divorce or legal separation. Among other things, parties may contract regarding their respective rights to property during the marriage, upon death or in the event of a proceeding to terminate the marriage; the modification or elimination of spousal support; the construction of a will or other estate planning device; ownership rights to the death benefits of a life insurance policy; and choice of law regarding the construction and enforcement of the agreement.