The Difference Between A Pre-Nuptial and Post-Nuptial Agreement

Posted on 06-30-2016 by
Tags: divorce , Trending News & Topics , postnuptial agreement , assets , debt

When a couple is looking to get married, or has recently gotten married, they often have questions about pre-nuptial and post-nuptial agreements. Their curiosity is rooted in an incomplete understanding of what these agreements are and what they mean to a marriage.

 

Pre- and post-nuptial agreements can be a useful tool for couples and the benefits of these agreements should be fully considered by anyone who is contemplating marriage or has become married. Couples in Salt Lake City who are considering getting married should seek some family law help from an experienced family law attorney regarding whether a pre- or post-nuptial agreement is right for them.

What Are Pre- and Post-Nuptial Agreements?

Pre- and post-nuptial agreements are effectively a plan that the couple has agreed to in case their marriage ends up terminating in a divorce. These agreements protect both parties and can be used to help resolve and thus reduce the number of issues that can arise in domestic litigation when the couple divorces. They can be used to decide important matters prior to the divorce, such as spousal support, asset division, and debt division. Property, assets, and interests can all be provided for in a pre- or post-nuptial agreement.

Pre- and post-nuptial are written agreements that the couple enters into prior to marriage or during their marriage. A pre-nuptial agreement is one that is entered into before the marriage takes place, while a post-nuptial agreement is one that is entered into at some point during the marriage. Couples entering into a civil union can also take advantage of pre- and post-nuptial agreements, just like married couples. These agreements are legally binding documents, i.e., a contract, and they are enforceable in a court of law.

The advantage of having a pre- or post-nuptial agreement is that the parties have an opportunity to critically think about what protections they might need or want in the event of a divorce. At the time the agreement is prepared, neither party is actually considering getting divorced, so they can each make decisions with a cool, rational head - and are not wrapped up in the emotions that typically occur when a couple is divorcing. Additionally, each party has the opportunity to have his or her own lawyer review the agreement before entering into it, to make sure that his or her interests are protected in the event of a divorce. Planning in advance for a divorce can help reduce stress and provide a sense of financial security for the couple.

Divorce is a very real threat to a marriage in Utah, and while you hope that it will never come to pass, it is always a good idea to be prepared for the worst possible outcome of your marriage. When a couple needs pre-nuptial help in Salt Lake City, it is important that each future spouse discuss the terms of the agreement with a lawyer before signing anything. Working with an experienced family law attorney will ensure that the terms of the agreement are fair and reasonable. 

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