Family Law & Criminal Defense Attorneys

What’s the Difference Between a Prenuptial & Postnuptial Agreement?

In 2019, marriage and prenuptial agreements go hand in hand as the prior associated stigma no longer applies. The majority of couples understand the significance of protecting their assets in case of an emergency which is why prenuptial agreements have been on the rise. Though no one anticipates or hopes to end their relationship one day, creating a safety net through the means of a legal agreement is one of the smartest moves you can make, both individually and as a couple.

However, what about those couples who are already married but never drew up an agreement beforehand? In these unique situations, people may be surprised to learn they have another alternative: postnuptial agreements. These are essentially the exact same legal contract as a prenup, except they take place after a legal marriage.   

Pros of a Prenuptial Agreement

Before you say, “I do,” you have a responsibility to protect you and your family’s future. Though it may feel like roses and rainbows, marriage is a binding, legal contract. Sharing your life with another means you are expected to merge every aspect of your lives, not just personally and emotionally--financially, too. You must combine your finances, assets, property, and mostly anything you earn after the marriage.

This can spell disaster if your marriage fails, and even worse if your ex becomes contentious. Prenuptial agreements are highly recommended when there are children involved, even if you believe your spouse will never turn into a vengeful or bitter person. Divorce brings the worst out in people, so you don’t want to be blindsided.

Why Should I Get a Postnuptial Agreement?

You may be wondering why anyone would forget to draw up a legal agreement before they take this major step, but there are unique scenarios in which a postnuptial agreement makes sense. For example, in the event one spouse suddenly comes into significant wealth or inheritance., Generally, they are utilized as a way to preserve or improve the overall state of the marriage. They may also cover personal issues such as family holiday visits, scheduling, a division of household work, etc.

Family Law Attorneys Serving Jackson & Clarksville

At Casey, Simmons & Bryant, PLLC, we are comprised of family lawyers who are dedicated to offering you the most comprehensive legal counsel, care, and representation possible. Whether you are on the brink of walking down or are instead already married and seeking honest advice, our legal team can help.

Interested in scheduling an initial consultation with a member of our firm? Contact us by calling (731) 256-0023.

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