Marital agreements can be made at any time before, in anticipation of, or during the marriage.

Antenuptial or pre-nuptial agreements are made between a man and a woman in anticipation of marriage. The enforceability of a pre-nuptial agreement is almost always in question when one party or the other seeks to enforce the agreement during a dissolution of marriage case. To create a valid, enforceable agreement, the parties must avoid any suggestion of coercion or lack of disclosure. Both parties must have the opportunity to seek legal counsel and have sufficient time prior to the wedding to weigh the terms of the agreement. Each party must also make a complete disclosure of their finances.

If you are seeking to enter into a pre-marital agreement, or have a pre-marital agreement drafted, you should contact our office as far in advance of the wedding as possible to review the matter.

Agreements between husband and wife can also be made during the course of the marriage. Such an agreement can be made in anticipation of dissolution of marriage or simply to determine rights to support or interest in property. Agreements made during the course of the marriage must also avoid any suggestion of coercion or lack of disclosure.

A husband and wife may enter into a marital settlement agreement after a dissolution of marriage case has been filed. This agreement will seek to resolve all of the issues in the dissolution of marriage case and will be ratified by the final judgment entered by the court. A marital settlement agreement, in addition to support and property, typically addresses all issues involving the children including time sharing and parental responsibility.

Related Issues:
Alimony
Child Support
Equitable Distribution
Parental Responsibility
Custody/Substantial Time Sharing
Visitation/Time Sharing

Related proceedings:
Divorce

Every case and situation is unique. Your attorney will evaluate your individual situation and advise you how best to proceed regarding these and other issues. The above statements are made for informational purposes only and should not be considered legal advice. The Law Offices of Thomas J. Donnelly shall not bear responsibility for any actions taken based upon the above information. Seeking professional help for your legal problems and concerns is imperative.