How A Prenuptial Agreement Is Different From A Postnuptial Agreement?

By Author: John Wright
Total Articles: 3
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When taking marriage vows, many people don’t look forward to divorcing or separating, but no doubt, the possibility for these two always remains. Prenuptial and postnuptial are two types of agreements that were created in order to protect the spouses when they come into the marriage, or during the married life, with substantial means. The main objective of such an agreement is to help people protect their considerable assets. These days couples are increasingly recognizing the value of postnuptial and prenuptial agreements.

Prenuptial and postnuptial are two arrangements that are used typically to protect the real estate, assets and also address debt repayment. Such agreements help to safeguard any provisions or assets that may already be in place for former spouses or children at the time when /if a marriage ends. Many people don’t have much idea about the procedure and requirements for these agreements. It is suggested to consult an experienced divorce attorney before signing any of these agreements. The attorney will not only help you through ...
... the process but will also help know that how to apply for it.

Prenuptial and postnuptial agreements highly differ from each other. Where the prenuptial agreement is signed before the marriage, the postnuptial agreement is signed after the marriage. These agreements clarify the couple that how they will divide their assets if their marriage dissolves.

What Is a Prenuptial agreement?

As the name suggests, a prenuptial agreement (also known as a prenup) is made by the couples, before the marriage. It is a type of agreement, in which the couple concludes that how they will divide their assets, if anytime in the future their marriage will come to an end. Prenuptial agreement is a financial tool, that prevents nasty, long-lasting, and extremely expensive court battles, that generally occur when a couple decides to split.

A helps the couple to make everything clear in advance for the security as well as safety of both. With such type of agreement, spouses know exactly that who gets what, and with this, there are zero chances for argument. Prenuptial agreement also helps the spouses in case anyone spouse will die because of any reason after the marriage. Particularly a prenup is essential and helpful for couples with children from their previous marriages. The main benefit of a prenuptial agreement is that it helps couples to protect their premarital assets, as after the marriage, property, as well as income in marriage, become community property.

What Is a Postnuptial Agreement?

A postnuptial agreement (also known as postnup) is made by the couple, after the marriage. Day by day postnuptial agreement is becoming very popular. Such type of agreement includes retirement assets, real estate purchased after the marriage, and stock options earned during the marriage. Generally, couples who ran out of time to sign a prenuptial agreement, opt for a postnuptial agreement. Postnuptial agreements are tough and time-consuming, as, after years of marriage, it becomes difficult for the couple to make everything clear because individual property becomes shared and is also harder to separate. In a postnup, it is imperative that the couple will disclose full financial information to each other while creating the agreement.

Prenuptial agreements are considered valid once they are completed, while on the other side the postnuptial agreements are not considered valid until they are filed with the family court and are accepted by a judge.

There are a number of factors that affect the enforceability of a prenup and a postnup. It is better to contact an experienced divorce attorney to address your specific circumstances, in case you have any of such agreements and want to end your marriage.