Growing in popularity, a prenuptial agreement is agreed upon before a marriage and can protect you in the event of a divorce. A postnuptial agreement differs because it is developed mid-marriage. We develop prenuptial agreements that are built upon fairness so that they have a better chance of being upheld by a judge should a divorce occur.
So in family law, we have a lot of areas. One area, there's prenuptial agreements. And it's more and more popular today given the fact that, unfortunately, 50% of the marriages end up in a divorce. So a lot of people are interested in protecting themselves before they get married and in the event that there's a divorce.
It's a contract that requires the parties to give full financial disclosure. And if it's done correctly and it's enforceable later on, it could save parties, in the event of a divorce, thousands of dollars in litigation and attorney's fees.
A lot of clients have asked me the difference between a prenuptial agreement and a postnuptial agreement, also known as a mid-marriage agreement. There are parties that are already married that don't have a prenuptial agreement that are not considering divorce but want some kind of protection in place in the event that there is a divorce.
What makes the prenuptial or antenuptial agreement or mid-marriage agreements valid is ultimately a judge's decision. Right? So if someone contests whether the agreement is valid, a judge would have to make that determination.
The agreement has to be fair, because if it's completely inequitable, it's going to be easier for a court to invalidate that agreement, in particular the mid-marriage agreement, because it requires fairness when it's negotiated, right, during the course of the marriage and it requires fairness when it's executed.