Traditionally, marriage contracts have been divided into two categories, anti-nuptial agreements and post nuptial agreements. Answer nuptial agreements are entered into in contemplation of marriage. Postnuptial agreements are entered into usually in contemplation of separation or divorce. This article will focus on anti-nuptial agreements.

The purpose of an ante nuptial agreement is to achieve certainty and predictability with respect to the marital relationship. An agreement must be thorough and tailor-made to each couple's unique situation. The agreement should cover the following:

1. Anticipation of such future events as birth, death, illness, remarriage and changed financial circumstances;
2. Properly labels and defines the types of payments provided I. E. alimony.
3. Limits the circumstances under which there may be modifications.
4. Clearly provides for the transfer of property;
5. Takes advantage of the best available tax planning.

For anti-nuptial agreements to be enforceable there must be a full, frank disclosure as to the value of each perspective spouse's assets and income. The agreement may be upheld by a court in the event of a divorce upon either of two grounds:

1. Reasonable provision is made for the less secure spouse; or
2. If the less secure spouse entered into the agreement with an understanding of the rights waived and knowledge of the assets of the wealthier party.

A spouse may set aside a prenuptial agreement by establishing that it was reached under fraud, deceit, duress, coercion, misrepresentation or overreaching.

Temporary alimony and attorneys fees prior to the divorce final judgment cannot be waived by an ante nuptial agreement. However, a party by agreement may waive all right to alimony and may agree not to modify alimony.

An agreement may provide for and defined how marital assets and debts will be distributed upon divorce. Furthermore, an agreement may provide for the waiver of any interest in each spouse's estate.

Because of the complexities in drafting comprehensive and valid ante nuptial agreements it is advisable that each spouse be represented by counsel. Please call our office at 561-833-2772 for a free consultation or contact us online.