Antenuptial agreements “pre-nupt”, post-nuptial agreements “post-nupt” & separation agreements

One of the very best ways to avoid a bitter and expensive divorce is proper planning.  An antenuptial agreement (better known as a “prenup”), is a great tool for this purpose.  A prenup is an agreement entered into before the marriage that can provide for the disposition of property and division of debt in the event of a divorce.  A prenup may also provide for the terms of a maintenance (sometimes referred to as “alimony”) award, if any, in the event of a divorce.  A prenup can also be a great tool for those who have children from a prior relationship and who want to ensure that their children are properly provided for in the event of their death.   A post-nuptial agreement can serve in the same manner as prenups, but they are entered into after the marriage.

The enforceability of antenuptial agreements and postnuptial agreements is frequently challenged after the parties have separated.  Depending upon the circumstances, they are sometimes held to be unenforceable.  This is why you need to ensure that these documents are drafted correctly.  The attorneys at JOHNSON KANG COOK ABBOTT & FLYNN, PLLC are experienced in drafting antenuptial and postnuptial agreements.  If you need assistance in careful planning before or during your marriage, call us.  We are also experienced in challenging and defending challenges to antenuptial and postnuptial agreements.