Whats the difference between a Pre-Nup and a Marital Agreement?
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Whats the difference between a Pre-Nup and a Marital Agreement?
How difficult is it to break or void a Marital Agreement if it was grossely unfair and one sided but you signed because you never planned to get divorced? I also didn’t plan on my husband leaving me for my friend after 15 years together. I didn’t even know he was unhappy.
Asked on July 13, 2012 under Family Law, Wisconsin
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A pre-nuptial agreement is an agreement between two people who plan on marrying each other regarding how they intend to hold their assets during the marriage as separate property or marital/community property. A martital agreement is the same thing but only happens when the couple is married.
Whether or not a pre-nuptial or marital agreement can be broken without recourse depends upon how the document is written in comparison to the laws of each state in this country. For that answer, I suggest that you consult with a family law attorney with respect to the document you are writing about.
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