Marriage involves commingling your hard-earned assets with your spouse’s, which can make it challenging to divide them in the event of divorce. While you may never plan to end your marriage, people can change, and legally preparing for the possibility of divorce could make this process much smoother if it does happen down the line.
Couples often choose to create prenuptial or postnuptial agreements to protect their assets in the event of a divorce. Learn the differences between a postnuptial agreement vs. prenuptial agreement in California.
What Is a Prenuptial Agreement?
A prenuptial agreement or “prenup” is a legal contract detailing how a couple would handle assets, debts, and other financial concerns in the event that they separate or divorce. These contracts can also address matters such as division of property and spousal support, but they generally cannot address other familial issues like child custody or child support.
A couple creates and signs a prenuptial agreement before getting married.
What Is a Postnuptial Agreement?
A postnuptial agreement is similar to a prenup, except that a couple creates it after they are already married. This contract can be created at any point during the marriage, but it can be more challenging to enforce than a prenup. Married couples often create postnuptial agreements when they experience significant changes in their financial situations after becoming married.
Exploring the Key Differences Between Prenups and Postnups
Both prenuptial and postnuptial agreements must hold up under California law to effectively dictate the division of assets in a divorce. But the main difference between the two marital property agreements is that postnuptial agreements may be more challenging to enforce because of a married couple’s fiduciary duty to each other.
Married spouses must act in good faith and in each other’s best interests, and if a postnuptial agreement seems to violate this standard, it may not hold up in court. Because of this, it is generally easier to create a prenuptial agreement before this fiduciary duty exists.
A married couple looking to create a postnuptial agreement may benefit from working with a family law attorney to draft a contract that is legally valid and protects both spouses’ interests.
How Working With a San Mateo Family Law Attorney Can Help You Navigate Marital Agreements
Marriage can come with a range of legal considerations, including how you and your spouse would divide assets in the event of divorce. For this and other family law issues, working with legal counsel can provide clarity and support, ensuring each party’s full understanding of all legal considerations along the road ahead.
A San Mateo family law attorney can help individuals make informed decisions about drafting and signing prenuptial or postnuptial agreements and answer other questions about legal concerns. Those who want to protect their assets in family law or seek legal guidance for other family law matters can benefit from learning how a San Mateo family law attorney can assist them.
Request a Consultation With Viola Law Firm P.C.
If you need help navigating postnuptial agreements vs. prenuptial agreements, reach out to Viola Law Firm P.C. today at 650-343-6400 for a consultation.
