Prenups & Postnups
A prenuptial agreement, also called a premarital agreement or a prenup for short, occurs prior to a marriage. A postnuptial agreement, also called a postnup, is entered into after the marriage has taken place. In either case, both spouses determine the parameters of the agreement, and come to a clear understanding on the division of assets, debts and other marital obligations in the event of a divorce or death.
Prenups / Postnups can be used to:
- Protect one party’s assets
- Determine how to split property purchased during the marriage
- Protect a party from assuming the debts of the other party
- Determine how property will be passed upon death
- Clarify financial rights and responsibilities during a marriage
- Avoid long, costly disputes in case of divorce
Getting Your Agreement in Writing
You and your spouse may start with a mutual understanding about finances and other matters, but it’s a good idea to put the agreement in writing. This way, both parties are clear on the specific terms of the agreement, and if for some reason a dispute arises in the future, the terms are much easier to enforce.
Although it is perfectly fine to negotiate and create a basic prenup yourself, the laws can be complicated and at a minimum, we advise you to consult with an attorney before getting started. Both parties should get the prenup reviewed by their own attorney who can advise them on their rights and review the prenup to ensure it complies with state law. If you are looking for an attorney to review your drafted prenup, we also offer Prenup/Postnup review as one of our Legal Consulting Services.
Drafting of Premarital Agreement (Prenup) or Postnuptial Agreement (Postnup) $1,080
Conscious Divorce offers flat-fee prenup and postnup consulting and drafting services for individuals and couples who desire a formal written agreement regarding.
- 1 hour meeting with Attorney
- Drafting of the agreement
- All communications with Attorney and staff
- Up to 2 revisions of the final agreement