These agreements can provide certainty should the marriage no longer be viable. They can lessen any acrimony that is often present in the dissolution of a marriage and can also protect children from a prior marriage, protect future gifts from family, inheritance, or issues related to a family business.
These discussions can also assist either spouse in making decisions throughout the marriage, including their choice of employment and assessing their future in all events.
Post-Nuptial Agreements can serve a similar function to determine ownership of property but because they are created after the marriage, they maintain a different and higher standard than a Pre-Nuptial Agreement because with the marriage a marital partnership has now been established.
As with the formation of any contract, having the appropriate counsel and representation is essential to ensure a party's rights are protected, that they are fully informed, and they are entering the contract with a full understanding of its ramifications and that they are doing so of their own free will, among other factors.
Our firm has addressed such issues before the Court.