Understanding Pre/Post-Nuptial Agreements

Prenuptial agreements are contracts entered into by a couple before they enter into marriage or a civil union. Common content set forth in a prenuptial agreement often includes provisions for division of property and spousal support which will take place in the event of a breakup or divorce or the civil union or marriage. The exact terms of a prenuptial agreement can vary widely from case to case, however, terms set forth are not allowed to determine access and custody issues that relate to children of the marriage.

Five key elements are required to make a prenuptial agreement valid in most jurisdictions. These include the agreement being in writing and not oral, voluntary execution of the agreement by both parties, fair/full disclosure when the agreement is executed, the agreement not being guided or controlled by conscience, and the execution being carried out by both parties before a notary public.

Postnuptial agreements are very similar to prenuptial agreements, with the main difference being that they are entered into once the couple has already entered into a civil union or marriage.