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Prenuptial Agreements

A Prenuptial Agreement (“prenup”) is a contract entered by a couple in advance of their wedding. Simply stated, a prenup typically lays out how assets, debts and income will be treated during the marriage and what will happen to those things in the event the couple divorces.

Postnuptial Agreements

A Postnuptial Agreement (“postnup”)is an agreement entered by a couple after they are married, and is designed to clarify financial plans and make clear how the couple wishes their assets to be dealt with if they ever divorce.

With both prenups and postnups:

• What’s included in the agreement should be determined by mutual agreement
• Couples should not feel rushed in their discussions, decisions, and drafting
• The process of reaching agreement can be tricky and can become adversarial
• Both spouses should work with qualified, independent counsel

Patrice favors collaborative approaches with prenups and postnups. This means that each spouse works with their own attorney, but the attorneys remain committed to non-adversarial discussions. This allows the couple to engage in an interest-based process, rather than positional negotiation.