Couple signing paperwork while another man watches

Difference Between a Prenup and a Postnup

Many couples keep away from discussing prenuptial and postnuptial agreements not to offend their partner or avoid appearing uncertain about the longevity of their marriage. Though the conversation may be uncomfortable, setting a prenup or postnup can save both parties time, prevent misunderstandings, and ease future frustrations. Our Laguna Woods family law team defines what a prenup and postnup are, their differences, and what instances a couple would consider each.

Prenup Vs. Postnup

Simply put, prenuptial or postnuptial agreements are written contracts you and your spouse enter into to clarify the property division and how finances will be handled should the marriage end. The most significant difference between a prenup and a postnup is timing. A prenup is valid as soon as the couple is married, whereas a postnup can be signed after the marriage, be it months, years, or decades.

When to Consider a Prenup/Postnup

According to reports by the Center for Disease Control (CDC), in the United States, 43 percent of first marriages end in separation or divorce within 15 years. Though a gloomy fact, it is vital for couples to understand the realities of marriage. There are a number of benefits that result from having a prenuptial or postnuptial agreement in place, such include;

  • Protection of separate property and family heirlooms
  • The opening of dialogue in your relationship
  • Establishment of procedures in case issues arises in the future.
  • Protects the financial stability of children involved

Having systems in place in marriage often provides everyone involved with more peace of mind, leading to happier, healthier, and longer marriages!

How We Can Help

If a prenuptial or postnuptial agreement is not thorough and in alignment with the state’s rules, it will not be enforceable in court in the event of divorce. It is critical to seek the legal advice of a family law attorney to ensure your agreement fulfills all requirements. Our legal team at Giammichele Law, APC understands that no two family law cases are the same. We are dedicated to providing you with the specialized legal assistance you need.

If you are looking for experienced legal representation, contact us today through our website or give us a call at (949) 303-7811 to schedule your consultation today!