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Are prenuptial agreements better than postnuptial agreements?

People who get married are sometimes focused on the dream of a forever marriage that they don't think about ways they can protect themselves if the marriage ends. Sadly, the outlook for many marriages just isn't that good. First marriages can fail, and subsequent marriages are at an even larger risk of failing. When it comes to ensuring you are protected in the event of a divorce, there are two options: a prenuptial agreement and a postnuptial agreement. Each option has specific points to consider.

Are prenuptial agreements better than postnuptial agreements?

There really isn't a hard and fast answer to that question, but prenuptial agreements are usually preferred. Both types of agreements serve to outline how assets are distributed; however, the timing of each agreement and the items included are different. A prenuptial agreement is signed before the marriage and covers all assets that each party has going into the marriage. A postnuptial agreement is signed after the marriage and covers all the assets that are now considered marital property.

How can I make sure the prenup or postnup is legal?

These agreements should be as specific as possible. A full disclosure regarding finances is vital in both cases. Neither agreement can be signed under duress or because of pressure. Each party signing the agreement should have legal representation. The agreement shouldn't cover anything about children because points relating to children will almost certainly be considered unenforceable.

Signing a prenuptial or postnuptial agreement is serious. Make sure you understand the points in the agreement to ensure that you are protected by each point.

Source:, "Prenup vs. Postnup: Which Is Better?," Rebecca Zung, June 01, 2015

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