What is a prenuptial agreement (prenup)?

A prenuptial agreement is legally binding contract entered into by the parties prior to getting married. Clients may have many reasons for requesting such an agreement, such as one party having a lot of assets that they wish to remain separate property regardless of any investment that may be made during the marriage. Alternatively, the parties may have children from a previous marriage and they wish to protect the acquired assets from before or after the marriage for the benefit of their children. Additionally, prenuptial agreements are common when one party enters into a marriage with a previously created closely held or family business and they wish to ensure that this asset is treated differently than other assets in the event of a separation or divorce. 

When entering into a prenuptial agreement, parties fully disclose their premarital financial position and establish the rules for how certain property or spousal support would be handled under specific circumstances. Generally, the agreement provides protection to both parties given their specific needs.

What is a postnuptial agreement (postnup)?

Postnuptial agreements are entered into by spouses during the marriage. These agreements generally govern support issues and property division and rights. Parties have many reasons for entering into a post nuptial agreement, such as acquiring new assets, inheritance, significant changes to the economic condition between the parties, health concerns, etc.

Careful planning is healthy. We are available to review your situation and consider all of the necessary information and define your objectives. We will go over your options and help you achieve any necessary and reasonable agreement that protects your economic future. 

Written by Michelle M. Gohary, Esq.

Updated June 4, 2026