Premarital agreements are agreements between a husband and wife before marriage. Post nuptial agreement is an agreement entered into during the marriage or after the nuptials. The agreements spell out the rights of the parties and obligations in the event of death and/or divorce. Commonly used for second marriages or when one party is wealthier then the other.
These agreements generally address the end of the marriage, stating how the couple's property will be divided. They can also address issues like child support and custody issues but these provisions are not binding on the court since the best interests of the child are the deciding factors.
In most states, oral premarital agreements are not enforceable. A written agreement is necessary and enforceable if it was fair and reasonable when made, neither party hid vital information and neither party was forced to sign same.
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