Prenuptial/Postnuptial Agreement

A prenuptial agreement, or “prenup,” is a special plan made by a couple before getting married. It decides how things like money, stuff, and support will be sorted out if they ever decide to go separate ways.

Prenups also handle money responsibilities during marriage, deal with business matters, and look at what happens with belongings after someone passes away.

A postnuptial agreement, or “postnup,” is like a plan made by a married couple after they’ve already said “I do.” It decides how things such as money, debts, and belongings will be handled if they ever decide to go their separate ways. Similar to a prenuptial agreement, a postnup also looks at money responsibilities and other important stuff.

Couples might choose a postnup to deal with financial issues that pop up during the marriage or to update terms from an earlier agreement.

Making a prenup/postnup involves both partners sharing all their financial details, agreeing willingly, and getting advice from a legal professional to make sure everything is fair and right for them.

 

The primary difference between a prenuptial agreement (prenup) and a postnuptial agreement (postnup) lies in when the agreement is created in relation to the marriage:

  1. Prenuptial Agreement (Prenup):

    • Timing: Created before the marriage or civil partnership.
    • Purpose: Outlines how assets, debts, and other financial matters will be handled in the event of divorce, separation, or death.
    • Common Elements: Covers asset division, spousal support, financial responsibilities, and other related matters.
  2. Postnuptial Agreement (Postnup):

    • Timing: Created after the marriage or civil partnership has already taken place.
    • Purpose: Similar to a prenup, it addresses financial matters, asset division, and spousal support but is executed after the marriage has started.
    • Reasons: Couples may choose a postnup to clarify financial issues that may have arisen during the marriage or to update terms initially outlined in a prenup.

In summary, both prenuptial and postnuptial agreements serve the purpose of establishing clear guidelines regarding financial matters in a marriage. The key distinction is when they are created, with prenups being arranged before marriage and postnups being established after the marriage has already begun.

 

 

Seeking a legal professional to help you with your prenup/postnup agreements?

Contact us at 518-412-4111 or you may fill up this form to schedule an appointment with us.

 

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