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Prenupital and Postnupital Agreements

A premarital agreement is used to make sure that you and your future spouse agree about what property and debt each is bringing to the marriage. These agreements may deal with other rights and responsibilities and/or issues that may arise should the marriage end.

Premarital agreements are also used in subsequent marriages to protect children you may bring to the marriage. Premarital agreements help identify assets owned before the marriage as separate property. This may have implications unrelated to the marital relationship, but important to creditors (or potential future creditors). We can also prepare postnuptial agreements to establish rights and responsibilities from the time of the agreement into the future.

Complete disclosure of debts and assets of the parties is important in determining whether a prenuptial agreement can be enforced. Failure to disclose assets or debts can have a serious adverse impact on the enforceability of the agreement.

If you are considering signing a prenuptial agreement, you should consult an attorney before you sign. A Davis Miles McGuire Gardner attorney can give you independent advice and counsel to make sure your best interests are protected.