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Prenuptial and Postnuptial Agreements

Prenuptial (also known as Antenuptial) and Postnuptial Agreements is a contract that can protect a party’s rights in the event of a divorce.  A prenuptial agreement is entered into prior to a marriage, whereas a postnuptial agreement is entered into during the marriage.  Both such agreements require a full disclosure of all financial circumstances for both parties, the ability of each party to consult with their own attorney of their choosing and executed in front of two witnesses and a notary public.  Custody and parenting time issues cannot be addressed in a prenuptial or postnuptial agreement.  A postnuptial agreement will be deemed invalid if the parties commence a legal separation or divorce proceeding less than two years prior to the date of execution of the postnuptial agreement. 

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