Unfortunately, in this day and age, statistics show that approximately one out of every two marriages end in divorce. Additionally, as people are living longer, more and more middle aged persons and older are either marrying or remarrying with separate estates. Pre-marital agreements are about protecting those separate assets prior to marriage to marriage so that they retain their separate character. A pre-marital agreement is a binding legal contract created between prospective husband and wife prior to marriage to protect their individual property. Post-marital agreements are binding agreements made between a husband and wife after the marriage has taken place that divides existing or future community property. These agreements ensure the individual assets remain with the individual throughout the marriage and in the event of divorce, would be remain that person’s separate property. The agreements become planning tools for the event of divorce or death. In these instances, the agreements resolve various complicated subjects that might appear more complex in the event of divorce or death. Divorce and death tend to create stress and feelings which interfere with a person’s thought process and which can be simplified prior by having one of these planning tools in place. Some examples of what can be complex without a prior agreement are blended family issues or transferring property upon one’s death to the deceased person’s children from a former marriage. Without a marital agreement, these issues can be financially devastating to all. Additionally, where a person owns a separate business prior to marriage and wants to preserve the separate property and its future appreciation, a premarital agreement is the proper tool. Pre-marital and post-marital agreements must be drafted properly to be enforceable in court. In order to create a binding pre-marital or post-marital agreement most helpful to your specific situation, please rely on the experience and detailed legal knowledge of Marilynn W. Landon and Associate, Allison Lebeck.