HANDLING PRENUPTIAL, POSTNUPTIAL AND COHABITATION AGREEMENTS
Collaborative Prenuptial Agreements, Postnuptial Agreements, and Cohabitation Agreements
Each person has an attorney and they talk through the different possible provisions together as a group. Once the details of their contract are created, the attorneys will work together to write up the agreement.
Mediation Prenuptial Agreements, Postnuptial Agreements, and Cohabitation Agreements
Couples come in together to talk through the different points (or, they can figure out the terms together in advance). The mediator would draft the corresponding paperwork, and then it is recommended that the parties each review the agreement with their own separate attorney.
Already Drafted Agreements
Sometimes the parties come in with a draft of their prenuptial, postnuptial, or cohabitation agreement already complete. In those situations, we review the document with whichever person has reached out to us, to make sure they understand what they are signing and that they thought through different possibilities.
Often people think of prenuptial agreements in negative terms; they feel it signifies the death of their relationship rather than the beginning. Although it may feel that way, prenuptial agreements can act as a form of premarital counseling. Crafting the language of a prenuptial agreement forces couples to discuss how they plan to spend their money, how they plan to work together on saving for retirement, if/when they plan on having kids, and what would happen if one of them wants to stay home with those children. Prenuptial agreements can spark conversations that are helpful long term for keeping the marriage together. Typically, it is easier to get through planning early on when the couple is happy with each other, rather than trying to make decisions when the relationship has ended and everyone is angry and hurt.
A postnuptial agreement is a lot like a prenuptial agreement, except that it is created after the couple is already married. Postnuptials are created sometimes to prevent a divorce, or sometimes they are created because a couple intended on getting a prenuptial agreement in place but ran out of time before the wedding. Postnuptial agreements are really designed to give people the security they need to feel in order to stay married..
Prenuptial agreements address some pieces of a person’s estate plan. We highly recommend that people do their estate planning simultaneously, though. By doing them at the same time, we can line up the couple’s trust(s) and wills so that they mirror what is in the financial piece of the prenuptial agreement. This avoids conflicts between the two documents later and keeps the parties–and their families–from fighting in the future. With Kehoe Moneyhun Law, LLC you can have the added benefit of working with an estate planning attorney and a family law attorney at the same time.
Our mission is to support individuals and families as they encounter some of the toughest points in their lives, with as little conflict as possible.