Prenuptial and Postnuptial Agreements

by | Oct 1, 2021 | Divorce, Prenuptial/Postnuptial Agreements

What Are Prenups And Postnups?

A prenuptial (prenup) and postnuptial (postnup) agreement is a contract. The difference between the two is simple – a prenup is a contract signed and entered into before marriage and a postnup is one signed and entered into after marriage. In both agreements, spouses seek to divvy up their property and protect their assets and interests. But depending on how well they are drafted, these agreements can either make the divorce process go smoother or a whole lot rougher.

When Should You Draft A Prenup?

If you have concerns about how your property could be divided if you get a divorce, drafting a prenup may be a good decision for you. If you or your soon-to-be spouse are concerned about particular or unique items of property (or pets), a prenup may help ease concerns of ever losing out on them during divorce. Additionally, if one or both partners have a complex set of ownership obligations, a prenup can help clarify them and keep them characterized a certain way during and after the marriage.

When Should You Draft A Postnup?

A postnup can be signed immediately after a marriage or decades later – it all depends on the wishes of the client. A postnup can be beneficial if a couple decides not to get a prenup but have since agreed on how to distribute assets, in order to smooth out the divorce process. However, spouses may be less willing to sign a postnup after they have utilized property a certain way for a period of time during the marriage.

Why You Need A Lawyer

Though the idea of prenup and postnup is simple, drafting them can be complicated. Poorly drafted agreements are often the subject of some of the most contentious disputes in family law. Therefore, it is always within your best interest to hire an attorney before you decide on a prenup or postnup. The experienced family law attorneys at Butler Law, PC can help you. Call our office today!