Prenups and Postnups

Prenuptial Agreements are not only for couples where one or both parties possess substantial finances or property, and do not necessarily indicate that the couple is preparing for a divorce, or indicate a lack of trust. Prenups, as they are known colloquially, are standard fare in many marriages that never arrive at the point which requires utilizing their terms. Such documents are merely a preventive measure, much like going to the gym, or maintaining a clean diet. In order to enjoy a marriage with long term potential, both parties need to possess the intent to not invoke the terms of the prenup during the course of the marriage; however, as uncertain as the future is, necessity may override such intent, and the document should be invoked as a final measure at the point the matrimony is unsalvageable.

Prenups are merely personal contracts which disclose the financial condition of each party in full, and contractually agree to the disposition of all property owned before as well as obtained during marriage. They can create some “community property” as the parties decide, or totally prevent the creation of “community property”. Although, child custody may be settled in the prenup, a court will not be obligated to follow such an agreement unless it is in the best interests of the child(ren).

Such written agreements will substantially reduce the stress and expense of divorce, if one ever occurs, and provide a measure of peace to the parties. Because with a prenup the couple is not bound together merely due to a symbiotic financial relationship – since the uncertainty/expense of divorce is absent- the parties can truly focus on making the relationship work with the other person which would hopefully drive the marriage in a more positive direction.

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