Family Law Blog

Defining the Assets: Is a Prenuptial or Postnuptial Agreement Better?

Friday, September 21, 2018

people signing prenuptial agreement on table

While many may be familiar with prenuptial agreements and what they entail, postnuptial agreements are often a mystery to many. These agreements are actually the same thing, the difference being when you enter into them. A prenuptial agreement is something set before marriage while a postnuptial agreement is drafted up after the couples have already tied the knot.

While both agreements have their uses, you may wonder if it is better to get an agreement after you are already married or if you should do it before. In general, postnuptial agreements have their good uses, such as defining the care of any children that pop up or protecting yourself from a spouse developing addictions or problems with the law. However, in most cases, if you want a nuptial agreement, it is better to lay out a prenuptial agreement.

It is a common stereotype that prenuptial agreements often cause strife in a relationship. While it is not the case for every couple, it can be true. If you can't agree to the terms of a prenuptial agreement and your relationship isn't as strong as you thought, you simply can just not get married. The obvious downside of a postnuptial agreement is that if you don't agree, you are still married and would have to divorce in order to end the relationship.

Furthermore, in many cases, courts do not uphold postnuptial agreements as easily as they uphold prenuptial ones. You need to be very diligent in its drafting and signing in order for the courts to find it valid. It is because a postnuptial agreement is made during a marriage where it is difficult to walk away from that courts view them as less ironclad than prenuptial agreements.

If you are considering creating a prenuptial or postnuptial agreement, contact us today to let us help you.