QUESTION
How do pre-nuptual and post-nuptual agreements differ?
Asked on May 11th, 2015 on Divorce - California
More details to this question:
How do pre-nuptual and post-nuptual agreements differ and can I have just anyone draft the one that is most applicable to?
7 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Pre and post nuptual agreements are basically prior to marriage or after marriage agreements. There are many similarities but some important differences..
Answered on May 12th, 2015 at 10:43 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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There is no significant difference between a pre-nuptial property agreement, and one executed after the marriageexcept for the starting date, and you can try to have it drafted so it dates back to the day of the wedding. I don't think you can have just anyone draft it. It requires an experienced family law attorney who knows how provisions of such documents have been interpreted and applied by the Courts, and what requirements must be met for it to be enforceable.
Answered on May 12th, 2015 at 9:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It depends on your status. One is before marriage, one after. You need an attorney to do either correctly. You are welcome to call and engage
Answered on May 12th, 2015 at 12:17 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Pre us before the marriage. Post is after the marriage v
Answered on May 12th, 2015 at 12:11 AM
It is a very simple concept. A pre-nuptial agreement is made between the parties BEFORE the marriage and a post-nuptial agreement is made between the spouses AFTER the marriage.
Answered on May 11th, 2015 at 6:22 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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They differ in that one is done before the marriage and determines how property will be owned once the parties get married. A post nuptial agreement determines how property will be owned from some point during the marriage forward or if a divorce occurs. In theory anyone can draft anything. However, unless you know the law, what you draft may not be enforceable or may be so unfair as to be thrown out should it ever come before a court.
Answered on May 11th, 2015 at 6:13 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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The terminology is systemically incompetent but that's not your fault. The former one addresses an agreement before marriage to affect marriage. The latter one addresses an agreement during marriage to affect marriage.
Answered on May 11th, 2015 at 6:11 PM