When it comes to drafting prenuptial and postnuptial agreements, matrimonial and family law becomes deeply intertwined with trusts and estates law. While marital agreements are meant to enhance the marriage by providing certainty for the parties, clarity of their financial affairs, and protection in the event of a dissolution of the marriage, these agreements can also function as an invaluable tool in protecting and dividing assets after death. In this respect, it is important that matrimonial counsel work closely with trusts and estates counsel when drafting these agreements. When crafted with care, the pre and/or post marital agreement can protect not only the rights of the parties signing the document, but also other individuals, such as the client’s spouse, children from past or future marriages, heirs and other family members.
