Prenuptial and Postnuptial Agreements: What They Can and Can’t Do

Marriage is one of life’s biggest commitments, and while it’s rooted in love, it also creates legal and financial ties that can have lasting consequences. Whether you’re preparing to walk down the aisle or already married and looking to protect your interests, understanding the role of prenuptial and postnuptial agreements can save you from confusion and conflict later on.

These agreements are practical legal tools that clarify expectations, safeguard property, and bring transparency into relationships, especially when one or both partners have significant assets, business interests, or children from prior relationships. Here’s what you need to know: 

Prenuptial vs. Postnuptial Agreements

The difference between these two comes down to timing. A prenuptial agreement (or “prenup”) is signed before marriage, while a postnuptial agreement (or “postnup”) is signed after the couple is already married.

Postnups can be useful when circumstances change, for example, when a spouse starts a new business, inherits property, or when a couple wants to update financial arrangements without ending the marriage. Courts view postnups with slightly more scrutiny, since spouses already have fiduciary duties to one another, but with proper legal guidance, they are just as valid.

What These Agreements Can Do

If you’re preparing for marriage or want to update your financial arrangements, contact Albuquerque Family Lawyers to help you understand how prenuptial and postnuptial agreements can safeguard your future. These contracts allow couples to define how assets and obligations will be handled during marriage and in the event of divorce. Whether you’re blending families, protecting a business, or planning ahead, these agreements create financial clarity and peace of mind. A well-crafted agreement can:

• Define property ownership: Specify which assets remain separate and which are considered marital property. This is especially important when one spouse owns a home, business, or valuable investment before marriage.
• Clarify financial responsibilities: Couples can outline who pays which bills, how they will manage joint accounts, and what happens if one partner contributes more financially.
• Protect family businesses: If one spouse owns or co-owns a business, an agreement can prevent the other spouse from obtaining a share in case of divorce, ensuring business continuity.
• Set spousal support terms: Spouses can agree on whether alimony will be paid and in what amount, though courts can modify these terms if they are unfair.
• Preserve inheritance rights: Prenups can help protect assets for children from previous marriages or keep family property within bloodlines.

When drafted correctly, these agreements give couples a framework for financial stability and transparency, helping avoid bitter disputes in the future.

What They Can’t Do

While prenups and postnups offer flexibility, they aren’t unlimited in power. Certain matters are legally off-limits.

• Child custody and support: No agreement can predetermine how custody will be arranged or how much child support you must pay. Courts always decide these matters based on the child’s best interests.
• Waiving full disclosure: Both parties must provide complete and honest disclosure of their finances before signing. Hiding assets can render the entire agreement invalid.
• Encouraging divorce: Clauses that appear to promote separation or penalize staying married are unenforceable.
• Overriding public policy: Agreements can’t include illegal terms, unfair penalties, or anything that violates public policy, such as limiting a spouse’s right to report abuse.

Essentially, these agreements clarify finances, not control personal behavior or override laws meant to protect individuals and children.

Avoiding Common Mistakes

Even the most carefully planned agreement can fail if you skip certain steps. To ensure enforceability:

• Each partner should have independent legal counsel
• The agreement should be signed well before the wedding; last-minute signing can imply coercion
• Both parties must fully disclose all assets and debts
• The terms should be fair and reasonable at the time of signing and enforcement

Endnote 

Prenuptial and postnuptial agreements are about clarity, not cynicism. They allow couples to enter or continue a marriage with a shared understanding of financial rights and obligations. When approached transparently and with professional guidance, these agreements can strengthen relationships by removing financial uncertainty and promoting open communication.