Prenuptial Marriage / Prenup Agreement Overview

A prenuptial, antenuptial, prenupt or prenup agreement is a contract entered into by two people prior to marriage or civil union that declares how assets will be distributed in the event of divorce or death. It usually includes provisions for the division of property in case of divorce and any rights to spousal support during or after the dissolution of marriage. A variation for people who are already married is a postnuptial agreement.

Do you or someone you know need a prenup agreement lawyer in Washington DC? Contact Lynn Andretta a Washington DC prenup agreement attorney that specializes in prenuptial law.

A prenup agreement should not be viewed as an anticipation of divorce but rather as smart financial planning. The reality is that about one in three of first marriages and about half of second and third marriages end in divorce. The main reason for divorce in the U.S. is economic or financial. More and more couples are signing a prenuptial agreement before they marry and not just couples dealing with financial inequality, or wealthy couples. But rather these are couples who want to have a clear financial understanding of what they are bringing to the relationship. Marriage is, after all, a legal contract and to ignore the financial aspect of it could undermine the financial well-being of both your futures and your family’s.

There are two types of prenuptial agreements:

• Marriage contract for people who are married or about to be married.
• Cohabitation agreement for unmarried couples.

In the District of Columbia, as in all jurisdictions, five elements are required for a valid prenuptial agreement:

• Agreement must be in writing.
• Must be executed voluntarily.
• Full disclosure and/or fair at the time of execution.
• The agreement cannot be unconscionable.
• It must be executed by both parties.

A sunset provision may be inserted into a prenuptial agreement specifying that after a certain amount of time the agreement will expire.

The concept of a prenuptial agreement is not a modern one. Royal families in European and Far Eastern cultures have had such agreements, in some form or another, for thousands of years. Marriage has always been a financial commitment as well as an emotional one and a prenup can be a very positive experience setting aside fears or inhibitions to marriage in many cases. It is important to have a prenup agreement drawn up by a mediator or attorney who understands prenuptial laws. Unconscionable or illegal clauses could make your prenuptial agreement illegitimate in the event of divorce.

Do you or someone you know need a prenup agreement lawyer in Washington DC? Contact Lynn Andretta a Washington DC prenup agreement attorney that specializes in prenuptial law.

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