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The differences between prenup and postnup agreements

On Behalf of Cullen Family Law Group | Nov 5, 2020 | Property Division |

Prenuptial and postnuptial agreements are contracts that govern the allocation of the couple’s assets and other matters if the couple ever divorce. Prenuptial and postnuptial agreements are both important ways to deal with property division matters but have some differences.

There are some similarities

Both agreements cover similar matters such as property division, allocation of financial assets such as retirement benefits and spousal support. These contracts can also address whether heirlooms and sentimental items will stay with either family if there is a divorce or if a spouse dies.

And there are differences

The major difference is that a prenuptial agreement is signed before the couple’s wedding while a postnuptial agreement is executed after their marriage.

A prenup is typically more enforceable than a postnuptial agreement if a spouse seeks to invalidate it. Courts generally assume that there is a lower likelihood of coercion when independent people sign the agreement before their marriage, and before they entangle their assets.

Prenup advantages and disadvantages

Entering a prenuptial agreement requires a couple to discuss sensitive financial issues before they marry. This can reduce later misunderstandings, eliminate the suspicion that a spouse is entering a marriage for financial gain and help the couple engage in financial planning.

Prenuptial agreements may also provide for the support of children from a previous marriage or relationship. This matter is usually negotiated for the first time during a divorce if there is no prenuptial agreement.

Disadvantages include the insertion of legal and financial matters into an engagement which may be perceived as a lack of commitment to the marriage. Change in laws and court cases regarding prenups may make them harder to enforce.

Postnup advantages and disadvantages

An important advantage is that a couple can decide after marriage that they should have an agreement even if they never entered a prenup. It can handle events that arose since marriage such as an inheritance or if previously undisclosed information arises about a spouse’s finances or substantial debt.

While postnups may be perceived as a lack of commitment to the marriage, these agreements can resolve some issues that would arise during divorce.

Postnuptial agreements may also face legal challenges and be less enforceable than prenups. Courts sometimes presume that spouses in a marriage are less likely to engage in independent decision-making and are most susceptible to coercion.

Each spouse should have their own attorney advise them and help negotiate these agreements. A lawyer can help prepare a fair and reasonable agreement.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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