Prenuptial, Postnuptial & Cohabitation Agreements

Prenuptial, postnuptial and cohabitation agreements are all ways that couples can protect their own financial future. Many people are getting married later in life, often after they have already established their career and have accumulated some assets. With financial disputes being a major cause of separation, it makes sense to clearly define each other’s roles in the relationship. 

Prenuptial agreements, or “prenups”, are entered into before a couple gets married. Prenups must be prepared in anticipation of marriage and become effective upon marriage. Prenups are a contract that establishes property rights and spousal maintenance if the couple divorces. Keep in mind that any child-related matters, such as custody, parenting time or child support, are not enforceable. 

Although “postnuptial” means “after the wedding”, timing is not the only requirement for a postnuptial agreement. In other words, if a couple doesn’t sign a prenup before marriage, they can’t simply fix it with a postnup. Just like a prenup, a postnup defines a married individual’s rights in the event of divorce. For a postnup to be enforceable, (1) the couples’ marriage must have been in trouble (divorce filed or imminent), and (2) the couple entered the agreement for the purpose of staying married.