Differences Between Prenuptial and Postnuptial Agreements

Published 12/07/17 by Admin

prenuptial agreement


Prenuptial Agreement

A prenuptial agreement is a contract that is made before marriage. It outlines the way that assets will be divided if the marriage ends. Many people are against prenups. They think that signing a prenup can doom a marriage before it even starts. However, it is important to note that divorce rates are high. Nearly 44 percent of first marriages end in divorce. The rates are even higher for second marriages.

Getting a pre-nup can save you a lot of heartache and money in the future. A divorce will be a lot less painful if the way things are divided up are arranged beforehand.

What is a Postnuptial Agreement?

A postnuptial agreement is essentially the same thing as a prenup. The only difference is that it is made after marriage. If the couple does not have a lot of assets, then they may not get a prenup. However, it is wise to get a post-nup if you accumulate assets after you get married.

Things That Cannot be Addressed by a Pre- or Post-nup

Child custody cannot be included in a pre- or post-nup. The reason that you cannot make child custody arrangements in a pre- or post-nup is because the court must decide the best custody arrangements for the child. The court will also decide child support, so it cannot be included in a pre- or post-nup.

Personal matters can also not be discussed in a pre- or post-nup agreement. This includes things such as where to spend holidays, who is going to do the chores, and childrearing. Pre-nups and post-nups are specifically designed to address financial matters.

Contact us if you Need an Ohio Divorce Attorney

If it is difficult for you to put together a post-nup or pre-nup, you’ll need the help of a Columbus Ohio family law attorney at Barr, Jones & Associates. We can help you make the appropriate arrangements before or after you get married.