What is a prenuptial or ante nuptial agreement?

A prenuptial or sometimes referred to as an ante nuptial agreement, is as an agreement which was signed between two parties who are contemplating being married at some time in the near future. A prenuptial agreement is used for the purpose of deciding what will happen should one of two events occur and one of them will. Event number one is if the parties’ marriage is dissolved. Event number two, if you choose, what will happen if one of the parties dies while the parties are still married. Frequently people will enter into prenuptial agreements that only include the former and sometimes they include both.

When it comes to a divorce, issues can be predetermined in a prenuptial agreement, though some issues cannot. Issues that can be predetermined by the proper signing of a prenuptial agreement include, division of assets and liability sometimes referred to as equitable distribution, whether or not alimony shall be awarded and in what circumstances and in what amount, and whether or not a cross award of attorney’s fees will be included in any divorce including, if yes and what amount and what time. Things that cannot be resolved in prenuptial agreements include the issues of time sharing with any minor children, and child support, and anything else that is determined to be against public policy. Typically prenuptial agreements are signed where two attorneys are involved and require full disclosure of assets and earnings by both parties. In recent years, particularly in second or third marriages they have become very popular.