The increased rate of divorces in this country has led to the advent of prenuptial and postnuptial agreements between marriage partners to protect assets they might bring to the marriage in the event of a divorce. In the past, courts believed these agreements went against public policy due to encouraging dissolution of marriages. In the past few decades, however, courts have found that these agreements do not violate public policy if they are constructed under fair and just circumstances. Since this revelation, prenuptial and postnuptial agreements have become much more common and widely accepted as viable options in a healthy and fair marriage. While essentially the same in makeup, prenuptial agreements are made prior to the wedding, and postnuptial agreements are made after the wedding. In all cases, both marriage partners must fully disclose all their assets and liabilities prior to signing any agreement in order for it to be valid and enforceable. Having a credible Family Law Attorney, such as Marquez-Kelly Family Law, is critical to ensure all conditions have been met and the contracted agreement is legally binding.
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