The Difference Between a Prenuptial and Postnuptial Agreement

As anyone who has ever filed for a marriage license knows, marriage is more than holy matrimony; it’s a legal partnership between two people, and legal partnerships are not always romantic. We know that it’s hard to feel the love when you and your partner are sitting with two opposing lawyers. But as cold as it may feel, it could be a necessary step in securing your marriage and your safety. Understand more in this guide to the difference between a prenuptial and postnuptial agreement.

What Is a Prenuptial Agreement?

A prenuptial agreement is simply an agreement that you and your spouse will draft and sign prior to your wedding. Such agreements will address the division of assets should the marriage end in divorce, as well as waiving claims to inheritances that may arise during the marriage. Think of a prenuptial agreement as preparation for a worst-case scenario; it’s the proverbial “backup drive of the backup drive,” or the safety net.

These documents are not without controversy. Many couples are apprehensive about signing prenuptial agreements because they can feel like an acknowledgment that the marriage is ultimately doomed to fail—after all, now that you’ve found the love of your life, what could possibly go wrong?

But prenuptial agreements don’t simply account for the possibility of divorce. They also address what should happen in the event of an untimely death in the marriage. This, too, can concern inheritance claims, as well as child custody, particularly as it pertains to children from a previous marriage.

What Is a Postnuptial Agreement?

Switching some prefixes around, a postnuptial agreement is one that is signed anytime after a couple has made their marriage official. Some couples may not be able to afford the legal fees at the same time that they were planning their wedding, or they may have felt that such a matter was not only unromantic but anti-romantic and the wrong thing to do in the run-up to their big day.