Should postnuptial and prenuptial agreements have recitals? Kiritsis Law Group 212 922 0005
Although, it may not necessarily be legally required (subject to exceptions), it may be a good idea for a postnuptial or a prenuptial agreement to contain recital type language.
What should be the goal of recital sections?Three fold: a) Layout some key facts, b) Clarification with regards to some of the broad/overarching objectives of the prenup/postnup, and (c) Help bolster the prospective chances of legal viability, in the event of a future dispute.
A look at common recital provisions.Some frequent provisions that may be appropriate for a prenup or postnuptial agreement to have included: a) Whether parties in fact are legally married? b) Prior marital/divorce history (kind of a timeline type depiction). c) What do the parties desire by entering into this agreement? d) Explicitly provide for the event of spousal death(s).