Is a Postnuptial Agreement Just as Good as a Prenuptial?

 Posted on August 09, 2024 in Family Law

Both prenuptial and postnuptial agreements are legal documents that address what will happen to marital assets when a couple divorces—or even if one of them dies. While both agreements describe similar matters, there are notable differences between the two. Whether you want to have one of these agreements prepared or you are wondering how a current agreement will affect your upcoming divorce, it is time to speak to a knowledgeable Naperville, IL postnuptial agreement lawyer. When you have a strong, highly skilled divorce attorney as your advocate, you can rest easy, knowing your issue will be resolved with the best outcome possible.

What is a Postnuptial Agreement?

A postnuptial agreement is a legal contract, but rather than being prepared before a couple marries, it is prepared and signed after the marriage. A postnuptial agreement can occur any time after the marriage takes place and usually details how the couple’s assets and debts will be managed in the event of a divorce. A postnuptial agreement may set the terms of property division between the couple and can be helpful for any of the following reasons:

• When there are significant assets earned after the marriage by one spouse who desires to keep those assets as separate property
• When premarital assets need to be clarified in light of no existing prenuptial agreement
• When one spouse receives an inheritance and wants to ensure it remains separate from marital assets
• When one spouse finds out after the marriage that the other has significant debt and wants to ensure that debt remains outside marital debts
• When the marriage is a second or third marriage and the couple has a child of their own and wants to clarify how separate assets will be divided among the children in the case of a divorce
• To reduce future court involvement in the event of a divorce or separation
• To improve trust and communication between the spouses

What is a Prenuptial Agreement?

A prenuptial agreement is entered into before a marriage occurs to address how debts, assets, and other aspects of the marriage will be handled during a separation or divorce. Both parties have to agree to the terms of the prenuptial agreement, and there can be no coercion or fraud involved. The best reasons for having a prenuptial agreement prepared include:

• Protecting separate assets or business assets
• Protecting one spouse from the other’s separate debts
• Ensuring the marriage does not disrupt an inheritance from remaining within your family
• Outlining financial responsibilities and roles in the marriage
• Preventing financial disputes and limiting court interference in the event of a divorce
• Clarifying what property is separate and what is marital
• Including or waiving spousal support to prevent future conflict

A prenuptial agreement cannot include child custody arrangements, details regarding child support, or the allocation of daily spousal responsibilities.

What Are the Differences Between a Postnuptial and Prenuptial Agreement?

While alimony and spousal support can be part of a prenuptial agreement, they are generally not part of a postnuptial agreement unless the parties are separated. Prenuptial agreements are more likely to be enforceable than postnuptial agreements in the event one of the spouses attempts to dispute the agreement during a divorce.

Divorce courts presume coercion is less likely in a prenuptial agreement signed before the parties are married than after the marriage once assets have been commingled. A prenuptial agreement ensures both parties are clear about their finances and how those finances would be divided in the event of a divorce. Both prenuptial and postnuptial agreements can ensure the financial well-being of the children of a previous marriage.  

Contact a DuPage County, IL Postnuptial Agreement Lawyer

If you are considering a postnuptial agreement, it can be extremely beneficial to have a Bloomingdale, IL postnuptial agreement lawyer from Mevorah & Giglio Law Offices to assist you. We can help you with any family law issue, including pre and postnuptial agreements, divorce, allocation of parental responsibility, child support, and much more. With more than 175 years of combined experience, we offer client-focused service and frequent communication. Contact Mevorah & Giglio Law Offices at 630-932-9100 to schedule your free consultation to discuss your issue.