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Differences Between a Prenuptial and a Postnuptial Agreement
Many people have heard about the prenuptial agreement process that some people enter into before they get married. However, not many people know what a postnuptial agreement is. Both processes were developed to ensure that certain people had protection in case their marriages ended in divorce.
About Prenuptial Agreements
A prenuptial agreement is an agreement between two spouses that they sign before they go through with the marriage ceremony. The agreement outlines how everything will be divided if their marriage should happen to end in an untimely divorce. Many people create these agreements to protect their assets. They are quite common among wealthy people who stand to lose a lot if their marriage fails. The courts tend to favor and honor prenuptial contracts because both parties know of them beforehand. Therefore, both parties make educated and unclouded decisions about the process. Prenuptial contracts touch on matters such as property division, spousal support and the like. They usually only cover divorces, but some agreements may cover the death of a spouse, as well.
About Postnuptial Agreements
Postnuptial agreements cover the same topics as prenuptial contracts do. The biggest difference between these contracts is that the postnuptial contract occurs after the two parties become spouses. For that reason, the courts are more reluctant to honor them. The reason being is that certain events may have happened during the course of the marriage, and one spouse may decide to then deprive the other spouse of future benefits. Postnuptial arrangements are usually subject to more scrutiny than prenuptial contracts are, and some courts may not consider them at all. An attorney can help a person to sort out the complex components of either agreement.
If you’re considering a pre or postnuptial agreement, go to a Brooklyn Family Lawyer like the ones at Levitsky Law Firm and let them know how you would like to proceed. You can arrange your first meeting by telephone or short form. The initial consultation will help you decide what to do next.