Post Nuptial Agreement vs. Pre Nuptial Agreement
Both pre nuptial and post nuptial agreements are legal documents in which a couple outline how they want to handle financial matters in the event of divorce, separation or death, with the former being drawn up before the marriage and the latter done after. However, in most cases, “timing” is not the only difference between these two agreements.
What is the difference between a postnuptial agreement and prenuptial agreement?
First of all, when couples are putting together a pre nuptial agreement, they are at the beginning of their lives with each other, with happy anticipation of their upcoming wedding and all that the future will bring them. Pre nups are typically used in situations such as when one partner has a significantly higher-income level than the other, has a large amount of family money or owns a successful business; however, couples of any income level can use pre nuptial agreements as a way to protect the assets that they had prior to entering into marriage.
While thinking about what to do if something goes wrong can be stressful, couples entering into pre nups are united and in a positive frame of mind.
In contrast, while there are exceptions, such as couples who decide to draw up an agreement for purely proactive financial reasons, most people who make the decision to make a post nuptial agreement are not in a great place in their marriage. Something has gone wrong, and at least one couple is wondering whether they should consider a legal document that would “override” the standard rules which apply in their state for when a marriage ends — either that, or they want to have some document that would speed up the legal process.