Prenuptial agreements, antenuptial agreements, and premarital agreements are basically different names for the same type of agreement.

***If you are going through a divorce and have a prenuptial agreement already in place, you should contact us immediately to ensure it is presented to the court within the proper timeframe. ***

If you are getting married, the purpose of a prenuptial agreement is two-fold. They can help spell out the division of property and spousal support in the case of divorce. However, the spousal support provision will be subject to close scrutiny and may well be voided no matter how well drafted. The other situation is when there is a death. For example if this is a second marriage and each has children from prior relationships, you may not wish to have your estate pass to your spouse’s children (or even spouse depending on when marriage takes place). A prenuptial agreement can dictate the management of all assets during a marriage, as well as established how they are to be handled as a result from either dissolution of a marriage or death. There are technical requirements and loopholes; so, it is important that we examine premarital agreements.

A premarital agreement will more likely be upheld by a court if both parties had attorneys, signed by the parties well in advance of date of marriage, and there was a complete disclosure of assets by each party.

Schoonover, Rosenthal Thurman & Daray can help in drafting or reviewing prenuptial agreements, ante nuptial agreements, and/or premarital agreements..

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