Prenup vs Postnup
A detailed comparison to help you choose the right option.
Prenuptial Agreement
A contract signed before marriage that defines how assets and debts will be handled during marriage and in case of divorce or death.
Advantages
- Easier to negotiate before marriage
- Both parties single when signing
- Less emotional negotiation
- Well-established legal precedent
Disadvantages
- Must be completed before wedding
- May feel unromantic
- Cannot include child support terms
- Might not cover post-marriage assets
Postnuptial Agreement
A contract signed after marriage that serves the same purpose as a prenup but addresses the couple's current marital situation.
Advantages
- Can address current marital assets
- No wedding deadline pressure
- Can resolve existing disputes
- Covers assets acquired during marriage
Disadvantages
- Harder to enforce in some states
- More emotional negotiation
- May indicate marital problems
- Requires different legal standards
Key Differences
- 1Timing: Prenups before marriage; postnups after marriage
- 2Legal standard: Prenups use standard contract law; postnups may face higher scrutiny
- 3Assets: Prenups protect pre-marital assets; postnups can cover marital assets
- 4Enforceability: Prenups generally easier to enforce
Which Should You Choose?
A prenup is ideal if you have significant pre-marital assets, business interests, or children from previous relationships. A postnup works if you missed the prenup opportunity, experienced major financial changes during marriage, or want to resolve current disputes about property.
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