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An
agreement made prior to marriage concerning property, financial issues
or children is called a pre-nuptial agreement. If the agreement is
made after marriage, it is called a post-nuptial agreement. Both pre-nuptial
and post-nuptial agreements can limit the right of one or both of
the parties to the other party’s
assets.
In order to
be valid, the pre-nuptial or post-nuptial agreement must be fair
and entered into after full disclosure of assets by both parties. Each party
should have his or her own independent attorney represent him or her in the
preparation of the agreement. If an attorney does not represent a party,
he or she may later be able to void the agreement by taking the position that
he or she did not understand what he or she signed. The agreement must
have certain language, and the signatures must be notarized. Pre-nuptial
and post-nuptial agreements are usually found by courts to be enforceable,
if they were prepared properly, were entered into by both sides of their own
free will with the advice of their own independent attorneys, and are found
to be fair.
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