Boca Raton family lawyers, Eric N. Klein

What Are Prenuptial Agreements?

Prenuptial agreements are legally binding contracts that are entered into prior to marriage or civil union by the parties involved. The content in the prenuptial agreement can vary, but they often include provisions on the division of property and spousal support in case of divorce or the breakup of a marriage.

There are two types of prenuptial agreements. These are the marriage contract and the cohabitation agreement. If a couple is already married, they can enter into a postnuptial agreement.

In most jurisdictions there are certain requirements to validate a prenuptial agreement. These requirements are:

• The agreement must be expressed in writing
• It must be entered into voluntarily
• There must be full disclosure at the time the agreement is executed
• The agreement cannot be unconscionable,
• The contract must be executed by the parties involved before a public notary

These agreements may not include any provision relating to the children of the marriage or union. This keeps the children’s best interest in mind.

Prenuptial agreements can also be entered into through mediation. Through this process, a mediator attempts to bring up all the possible issues that will arise in a marriage. This allows the couple to formulate their goals for the marriage, and to figure out what needs to be covered in the prenuptial agreement.

Speak with a Boca Raton Family Lawyer

If you would like more information about prenuptial agreements, please contact the Boca Raton family lawyers of Eric N. Klein & Associates at 561.353.2800.