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Can a general waiver in a premarital agreement keep current will legal - Marriage

Can a general waiver in a premarital agreement keep current will legal - Marriage

Q: Can a prenuptial agreement be done after marriage?

Yes, a prenuptial agreement can be created after marriage, and it is then referred to as a postnuptial agreement. This type of agreement can address similar issues as a prenup, such as asset division and spousal support, but it requires both parties' consent and proper legal formalities.

Full question:

Is a general waiver in a prenuptial agreement enough to legally not have to re-do a will after marriage?

Category: Wills and Estates
Date: 04/07/2025
State: Wisconsin

Answer:

The premarital agreement provisions do not mean that a Will is not necessary.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is there anything that voids a prenup?

Yes, certain factors can void a prenuptial agreement. These include fraud, coercion, or if one party did not fully disclose their assets. Additionally, if the agreement is deemed unconscionable or if it was not executed properly, it may also be invalid. It's important to consult a legal professional to ensure your prenup is enforceable.

Can a prenuptial agreement be done after marriage?

Does a will override a postnuptial agreement?

Generally, a will does not override a postnuptial agreement. A postnuptial agreement outlines the terms of asset distribution between spouses, while a will dictates how assets are distributed upon death. If there is a conflict, the terms of the postnuptial agreement typically take precedence, but it's advisable to consult an attorney for clarity.