Prenuptial / Postnuptial Agreements - Cohen And Winters Family Law

Prenuptial/ Postnuptial Agreements

A prenuptial settlement is a contract entered into by two individuals before marriage. It outlines who owns what and how property will be divided following a divorce. Postnuptial agreements are analogous to prenuptial agreements but couples get into it after marriage. Postnuptial can be used to address issues that were not covered in the prenuptial, such as the division of property acquired during the marriage.

Advantages and Disadvantages of Prenuptial/ Postnuptial Agreement

The benefits of a prenuptial agreement are that it can help avoid disputes down the road about who owns what and can simplify the process of dividing assets if there is a divorce. The disadvantages are that some couples may find it unromantic or feel like they are planning for divorce before even getting married. The benefits of a postnuptial agreement are that it can help clarify property rights in a divorce. The disadvantages are that some couples may feel like it is unromantic or too much planning for divorce.

A prenuptial/postnuptial agreement can be helpful to avoid future disputes, make dividing assets during divorce more straightforward, and clarify property rights in the event of a breakup. However, some couples may find these agreements to be unromantic or plan-like.

Who Needs Postnuptial Agreements?

Postnuptial agreements can be helpful to people who have spouses with huge debts. Also, it is beneficial for people who have more financial possessions than their significant others. Partners with kids from a previous marriage and those expecting an inheritance in the near future also need postnuptial agreements.

Who Needs Prenuptial Agreements?

Prenuptials, as many people assume, are not only for the rich but are majorly used to protect their possessions. A married couple with kids from an earlier marriage can use a prenuptial to state what will happen to their assets when they die so they can give different property to their family or children. Couples may want to clarify their financial rights and accountabilities in marriage, whether they have kids or not, and whether they are wealthy or not. People who want to get protection from debts can also use prenuptial agreements since they can be used to shelter spouses from their partner’s debts.

Suppose you have any questions about entering into either type of agreement, contact an attorney who practices family law. They will help guide you through the process and ensure your interests are protected throughout everything.