Prenuptial and Postnuptial Agreements

A prenuptial or antenuptial agreement is an agreement that the parties may sign prior to the date of marriage, for the purpose of determining their rights with respect to distribution of property and debts, and obligations to each other, in the event that a divorce occurs. There are many complex issues involved in the drafting of a prenuptial agreement. There are certain rights that cannot be effectively eliminated by a prenuptial agreement. Each party should seek the advice of counsel prior to executing a prenuptial agreement or a post-nuptial agreement . A prenuptial agreement requires full financial disclosure by each of the parties which means disclosure of income, expenses, property and debts. A prenuptial agreement should not be executed shortly before the date of marriage.