- within Family and Matrimonial topic(s)
- within Insurance, Consumer Protection and Accounting and Audit topic(s)
- with readers working within the Insurance and Property industries
Whether you're planning a wedding or already married, you may have heard of prenuptial and postnuptial agreements. While they are both marital agreements, they serve different purposes and apply at different times in a relationship.
What Is a Prenuptial Agreement?
A prenuptial agreement, commonly called a "prenup", is a legal contract signed before marriage. Prenups are used to protect individual assets, clarify financial responsibilities, and determine the division of property should the marriage end.
What Is a Postnuptial Agreement?
A postnuptial agreement, or "postnup", is similar to a prenup but it's signed after the couple is already married. Postnups can address issues that may not have been relevant before marriage or circumstances that changed after marriage.
Both marital agreements generally include:
- How property and assets will be divided or characterized
- Responsibility for existing and future debts
- Treatment of business interests
- Spousal support (alimony) provisions
Both marital agreements can outline how assets, debts, and financial responsibilities will be handled if the marriage ends due to divorce or death.
My wedding is soon, should I get a prenup or a postnup?
It really comes down to each couple's goals and timing.
Timing plays a critical role in the validity of a prenupital agreement. Prenups should be discussed and signed well before the wedding to ensure both parties have time for full financial disclosure, independent legal advice, and meaningful negotiation. Agreements presented too close to the wedding date may be challenged as signed under pressure and could potentially jeopardize enforceability.
If you're newly engaged, consider a prenup. If you're already married, consider a postnup. If you're engaged but worried you're cutting it close on timing, consult with an attorney to determine what your options are.
In either case, both partners should seek independent legal advice to ensure the agreement is fair, enforceable, and aligned with state laws.
The Lawyers at Beresford Booth Are Worth Your Time
When choosing a lawyer, consider these factors and take the time to interview multiple candidates. Ask about their experience, fees, and approach to cases. Ask the best way to communicate with them. Trust your instincts and choose a lawyer who you feel both comfortable with and confident in.
Serving Washington Since 1946
Beresford Booth lawyers are experienced, dedicated professionals, prepared to answer your questions and guide you through the process based on your needs and goals. As a result of our experience, we provide you practical advice and set reasonable expectations for the process. Together, we develop and implement a case strategy based on your goals. Beresford Booth is a Primerus law firm. Primerus is an international society of top-rated independent law firms.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
