Marriage Planning: Legal Agreements Before You Say “I Do”

Marriage is not just a personal commitment—it’s a legal contract that can have long-term consequences. While planning your wedding, it’s worth taking time to think through the legal and financial implications of your union. Below is a brief overview of how prenuptial and postnuptial agreements can provide clarity, reduce conflict, and offer peace of mind. Every couple’s situation is different, so this information should not be taken as legal advice.

Premarital Agreements (Prenuptials)

A premarital agreement, also called a prenuptial or “prenup,” is a written contract entered into before marriage. It can define how assets and debts will be handled in the event of divorce, legal separation, or death. Prenups are often used to:

• Preserve separate property acquired before marriage
• Define how income and expenses will be handled during the marriage
• Protect one party from the other’s debts
• Plan for children from previous relationships
• Clarify expectations around spousal support or asset division

While prenups are sometimes viewed as planning for failure, many couples see them as tools for mutual understanding and transparency—especially in second marriages or when significant family assets are involved.

Postmarital Agreements (Postnuptials)

A postmarital agreement is similar to a prenup, but it is created after the marriage has already begun. These agreements are useful when:

• Financial circumstances change significantly (e.g., inheritance, business growth)
• One partner pauses their career to care for children or aging parents
• There are concerns about debt or future uncertainty
• A prenup was not created, but clarity is still desired

Postnups require full disclosure and must be entered into voluntarily by both parties. When properly executed, they can carry the same weight as prenuptial agreements in court.

Learn More

To learn more about how our team supports couples in planning for their future, visit our Marriage Planning service page.