Times have definitely changed. We are seeing trends more couples opting to have a premarital agreement before walking down the aisle.
The pre-marital agreement (or pre-nuptial agreement) occurs before the wedding while the post-marital agreement takes place after the wedding.
Other than timing, the biggest difference between the two agreements is that there is a fiduciary duty between the spouses already married. A fiduciary duty is the duty to treat your spouse with honesty, full disclosure, and in the manner you would want to be treated if the circumstances were reversed. There is no fiduciary duty between people about to marry, unless other facts create a fiduciary duty.
We have over 30 years of experience both creating pre and post marital agreements and challenging them in the courtroom. That experience helps us tailoring each agreement to the circumstances of our client and assessing a client’s situation to determine if a -marital agreement is the best course of action.
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Each divorce has its own unique set of circumstances, call us to schedule a consultation to learn about your options and to obtain experienced legal advice from a skilled divorce attorney on how to proceed. Call us 214-303-0142 or contact us online.