Prenuptial and Postnuptial Agreements: Taking Control of Your Marriage Contract

Every time someone says "I do" at the altar, they're not just promising to love and cherish their partner—they're also signing a marriage contract. However, these contracts are not all created equally. Every state has its default rules about what happens in the event of a divorce. But here's the catch: do you want to passively accept those default rules, or would you like to have a say in the matter? Enter the world of prenuptial and postnuptial agreements. 

Prenuptial vs. Postnuptial Agreements: A Brief Overview

As the name suggests, a prenuptial agreement, often called a prenup for short, is an agreement signed before a marriage takes place. It primarily outlines what will happen to each party's assets, liabilities, and potential spousal support should the marriage end in divorce. 

A postnuptial agreement, on the other hand, is made after a couple is already married. This agreement is much like a prenup, but it might reflect changes in the couple's financial situation or mutual decisions made during the marriage. 

Why are these agreements crucial?

Planning for Divorce: While no one enters a marriage planning for it to end, it's wise to prepare for all possibilities. These agreements can reduce conflict during a potentially contentious divorce by having predetermined arrangements for things like the division of assets. 

Estate Planning: Beyond divorce, prenups and postnups can play a vital role in estate planning, ensuring that specific assets are passed to children from previous marriages or other designated heirs. 

Protection from Debts: These agreements can also protect one spouse from being responsible for the debts the other brought into the marriage. 

The Default Marriage Contract

Every marriage involves a contract. This is true whether you opt for a formal wedding ceremony or if you meet your state’s criteria for a common law marriage. If you don't sign a prenuptial agreement, you're essentially agreeing to the default marital contract defined by your state's laws—your state's prenup. 

This can mean leaving the division of assets, debts, and potential spousal support (alimony or spousal maintenance) to be decided by a judge. Remember, judges in divorce proceedings often have wide discretion in these matters. By having a prenup or postnup, you're taking control and setting terms that both parties find fair while emotions are neutral.

Researching common law marriage standards may also be important if you plan on moving states. Moving from a state that does not recognice common law marriage to one that does can lead to you inadvertently adopting the local default marriage contract without planning to do so. 

The Value of Legal Advice

While it might seem unromantic to some, prenuptial and postnuptial agreements can be seen as a sign of trust, open communication, and practicality between partners. However, because these agreements involve understanding complex legal statutes and ensuring the protection of both parties, it's paramount to consult with a specialist in family law in your state—sometimes referred to as domestic relations or matrimonial law. An attorney can ensure your agreement is fair, legally sound, and enforceable should the need arise.

Know Your Rights with LegalFix

While love is the foundation of any marriage, a sound legal agreement can provide a safety net, ensuring that if things don't work out, both parties have a clear understanding of their rights and obligations.

Whether you want to learn about prenuptial and postnuptal agreements or just want a better understanding of how our legal system works, LegalFix is your go-to source for free legal information. You can find helpful articles and use the free search and information tools to better understand the state and federal laws that affect you. Just visit LegalFix.com to find all this content — and check back often for more valuable legal products and services coming soon.