Prenuptial, also known as antenuptial, agreements are contracts entered into by and between husband and wife that dictate how assets are distributed among the parties in the event of divorce. These agreements can be prepared at flat fee rates in most cases, and are crucial to fully protect any assets that may not have otherwise been considered marital property. In many cases, what husband or wife may have understood to not be subject to marital assets become a marital asset based on the duration of the marriage.
These agreements help to establish what is exempted from marital assets in the event of divorce. These agreements limit the scope of what constitutes marital assets in the event of divorce and are therefore exempt from proceedings, but on their own may not result in uncontested divorces. Additionally, these agreements have affect on limited any right to inheritance to a surviving spouse. Judges enforce validly executed prenuptial agreements, so having one in place will better protect assets unintended to be constituted as marital assets.
