Marathon Areas of Law Practice


Prenuptial / Premarital Agreements and Postnuptial Agreements

Prenuptial/Premarital Agreements and Postnuptial Agreements

When considering a premarital/prenuptial agreement, you should seek the advice of an
experienced family law attorney. There are many requirements to ensure that the agreement

is enforceable, and it could be costly if it is not drafted right. For example, the agreement must

be executed voluntarily, and the parties should fully disclose their assets prior to the

execution. The premarital agreement must not be unconscionable and could be deemed

unenforceable if it is vastly unfair to one of the parties.

Each party should have their own attorney to advise them on the agreement. The premarital

agreement should be negotiated and signed in good time prior to the wedding date. If the

premarital agreement is signed too close to the wedding date, one side could later claim


For spouses who chose not to have a premarital agreement, but later want a contract to

determine terms in case of divorce, we suggest a postnuptial agreement.

A postnuptial agreement is for parties who are not contemplating divorce at the time the

agreement is prepared but are married already. For spouses who intend to file for divorce,

they should resolve issues through a Marital Settlement Agreement. Consult with an

experienced attorney if you have assets to protect and are interested in a premarital or

postnuptial agreement.