Pre-nuptial and Post-nuptial Agreements
Everyone enters into their marriage hoping it will last, but reality dictates that precautions should be taken. Prior to marriage, couples may choose to enter into a pre-nuptial agreement which designates what property will remain separate property as opposed to marital property. Post-nuptial agreements are entered into after marriage and generally serve the same purpose as Pre-nuptial agreements. In Mississippi, generally property acquired during the marriage relationship is presumed to be marital property. Unless that presumption is overcome during the divorce proceedings, the property is subject to Mississippi’s equitable distribution of marital property.
Pre-nuptial agreements are often entered into in a second or third marriage where a party has accumulated separately held property and wants to leave it to his or her children rather than spouse. Such agreements are very useful in avoiding future disputes that may arise upon divorce or death. Mississippi courts have recognized and enforced pre-nuptial agreements when they are fairly drafted. Our experienced family law attorneys will be happy to discuss the drafting of such an agreement with you.