Marital Contracts

Prenups & Postnups

Although it is not usually viewed as such, marriage at its core is simply a contractual relationship with another person. Although, our society and government has attached many more meanings and interpretations to marriage the generic marriage ceremony simply sets out duties and obligations that parties are promising to keep. Along with the usual marriage contract there are also other marital contracts that can legally be set up to protect personal interests or that can set out guidelines for how things will be handled at the termination of the marriage, whether that termination comes through divorce, separation, or death. The two main marital contracts are premarital or prenuptial agreements and postmarital or postnuptial agreements.

Premarital and Postmarital Agreements

Premarital agreements are pretty well known in our society and are usually received with negative treatment in our society. Postmarital agreements are basically the same exact agreement as a premarital agreement, only occurring at a different place in time, after the marriage. Before you make up your mind and brand “prenups” as all evil, first consider the scenarios when a premarital agreement makes sense. The majority of those using a premarital agreement are older individuals who are already well established and often times are not getting married for the first time. In these scenarios they are not simply protecting themselves from divorce proceedings which they believe are inevitable but are instead protecting their assets for inheritances or wills, assets that were not generated by both parties. When a couple gets married in their youth they gain wealth and assets together and thus those assets should be shared at the event of termination of the marriage. But if the assets have already been acquired prior to the marriage by one party then it does not make sense to divide those assets in every situation.

Salcido Law Firm | Pre & Post Marital Agreement Specialists

If you have considered getting a pre or post marital agreement the first thing to do is discuss it with your significant other. It is important to establish good communication and make sure that both parties feel comfortable with such an agreement. The next thing to do is call Salcido Law Firm, so you can met with an experienced family law attorney who will help you protect your assets and construct an agreement that both parties are happy with.


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