Whats the difference between a Pre-Nup and a Marital Agreement?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption