Marital Agreements

Pre-marital agreements, also commonly referred to as a prenuptials (“prenups”) or antenuptial agreements, are contracts entered into by parties to a marriage prior to marriage.

They define the details of what will happen with the assets and liabilities including income, retirement and other assets accumulated earned during a marriage in the event the marriage ends, whether the marriage ends by court order (as in the case of a divorce) or by the death of one of the parties to the marriage.  Post-marital agreements, also commonly referred to as partition agreements or post-nuptial agreements (“postnups”) are contracts that serve the same purpose as prenuptials but that are entered into by the spouses in a marriage after they are married. Postnuptials are particular useful in circumstances where parties are unsure of their financial future and stability, desire to create some assurances for the party at risk of the instability but also desire to remain married.

These written agreements are very precise and detailed. There are numerous provisions for which a client must decide to either pursue or not pursue and the impact of each decision within the four corners of the contract on other provisions is important for clients to consider.  A client considering a pre- or post-marital agreement needs an attorney who is comfortable drafting and negotiating these hyper-technical, sensitive, and sometimes emotion-provoking agreements and who is also astute at the numerous legal issues resolved by pre- and post-marital agreements.  Briner Family Law Group understands how to represent clients in these sensitive legal situations.

Contact our family lawyers at (214) 935-5000 or by email to schedule an initial consultation regarding marital agreements.

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