A prenuptial (also called a premarital) agreement is an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.
A prenuptial agreement must be in writing and signed by both parties.
In order to represent a person who wants a prenuptial or postnuptial agreement, I require that the other spouse have their own independent legal counsel to review the agreement before it is signed, and to advise the other person of their rights.
Typically a prenuptial agreement is executed if either or both spouses want to clearly maintain their own separate property after marriage. Persons who are entering into second marriages, and who have children from a previous marriage often want to execute a prenuptial agreement to clearly preserve an inheritance for their children from the previous marriage.
When one spouse’s assets far exceed another spouse’s assets, the spouse with the largest amount of assets often wants to have a prenuptial agreement to preserve those assets as separate property.
A prenuptial agreement must be voluntary and must include fair and reasonable disclosure of the property and debts of each party
Sometimes persons already married who did not execute a prenuptial agreement (before marriage) decide that they would like to have such an agreement, and they can execute a postnuptial agreement (after marriage).