San Jose Family Attorney Discusses Post-Nuptial and Pre-Marital Agreements:
A Post-Nuptial Agreement, sometimes referred to as an After Marriage Agreement, is a written document signed by parties to a marriage that sets out how they agree to have property divided, spousal support determined and attorneys fees paid in the future if the marriage ends in divorce. These agreements are usually entered into by parties not already in the divorce process, while a Marital Settlement Agreement is usually entered into by parties going through a divorce.
A Pre-Marital Agreement is entered into before marriage. Before marriage, the parties are entering into an agreement much like two business persons entering into a contract. In a Pre-Marital Agreement, both parties do not necessarily need to have an attorney. However, if both parties have an attorney, it makes it much more difficult for either party to later seek to challenge the agreement based upon a claim that they did not understand the document, or that they were forced into signing the agreement.