THE FIRMLegal Help
  1. Home
  2. Practice areas
  3. Prenuptial & Postnuptial Agreements

Family & Children

Prenuptial & Postnuptial Agreements

Protect a business, inheritance or children from a prior marriage. What a prenup lawyer does, what makes agreements enforceable, and how to find one.

A prenuptial (or postnuptial) agreement decides in advance how property, debt and support will be handled if the marriage ends — replacing the state’s default rules with your own. Courts enforce them only when they were signed voluntarily, with full financial disclosure and, in most states, time to consult independent counsel. A poorly drafted agreement is often worth less than none.

What a prenup lawyer does

  • Identifies separate property, business interests and expected inheritances
  • Drafts terms on property, debt, alimony and death benefits
  • Prepares full financial disclosures for both sides
  • Reviews an agreement presented to you by your partner

When you need a prenup lawyer

  • You own a business, real estate or significant retirement savings
  • You have children from a prior relationship
  • One partner has substantial debt or expects an inheritance
  • Your partner asked you to sign a prenup

Questions to ask before you hire a prenup lawyer

  1. What makes a prenup unenforceable in this state?
  2. How far before the wedding should it be signed?
  3. Can it address spousal support, or is that limited here?
  4. Do we each need our own lawyer?

Find a prenup lawyer near you

Choose your state to see listed firms and the official bar directory for verifying any lawyer’s license.