Prenups & Postnups: How They Work & When You Need One


When it comes to marriage, it's essential to plan for the future and protect your assets. One way to do this is through prenuptial and postnuptial agreements. These legal documents can help you navigate the complex world of family law, ensuring that your rights and interests are protected. Here, we'll explore what prenups and postnups are, how they work, and when you might need one. By understanding these agreements, you can make informed decisions about your financial future and protect your assets.

What Are Prenuptial & Postnuptial Agreements?

A prenuptial agreement (also known as a prenup) is a legal document signed by both parties before getting married. It outlines how assets, debts, and property will be divided in the event of a divorce or separation. A postnuptial agreement (or postnup) is similar to a prenup but is signed after the couple is already married.

Both prenups and postnups can address various financial issues, including:

  • Division of property and assets
  • Spousal support or alimony
  • Debts and liabilities
  • Retirement accounts and benefits
  • Business ownership and interests
  • Life insurance policies
  • Financial responsibilities during the marriage

How Do Prenups and Postnups Work?

Prenuptial and postnuptial agreements are legally binding contracts that must meet certain requirements to be valid. These requirements may vary by state, but generally include:

  • Both parties must enter the agreement voluntarily and without coercion.
  • Both parties must fully disclose their financial assets and liabilities.
  • The agreement must be fair and reasonable to both parties.
  • The agreement must be in writing and signed by both parties.
  • The agreement must be executed before a notary public.

It's essential to work with an experienced family law attorney when drafting a prenup or postnup, as they can help ensure the agreement meets all legal requirements and is enforceable in court.

When Do You Need a Prenup or Postnup?

There are several situations where a prenuptial or postnuptial agreement may be beneficial, including:

  • If one or both parties have significant assets, debts, or property.
  • If one or both parties have children from a previous relationship.
  • If one or both parties own a business or have a high income.
  • If one or both parties may receive a substantial inheritance.
  • If one or both parties want to protect their financial interestsĀ in the event of a divorce or separation.

Even if you don't fall into one of these categories, a prenup or postnup can provide peace of mind and a clear understanding of each party's financial responsibilities during the marriage. It's essential to discuss these agreements with your partner and consider seeking legal counsel to determine if a prenup or postnup is right for your situation.

How Pfister Family Law Can Help

At Pfister Family Law, we understand the complexities of prenuptial and postnuptial agreements and can guide you through the process. Our experienced Frisco family law attorneys can help you draft a fair and enforceable agreement that protects your assets and financial future.

For more information on prenups and postnups, or to schedule a consultation with one of our family law attorneys, contact Pfister Family Law today.