You have probably heard about prenuptial agreements (prenups), but you might not know a lot about postnuptial agreements (postnups). If this is the case and you are planning on getting married soon, you should learn what these are and make the decision whether to get one or not. As you think about this, here are several important things you should know about prenups and postnups.
The differences between a prenup and a postnup
Prenups and postnups are both agreements couples have in their marriages that control what happens if they divorce in the future. The key difference between these two documents is that a prenup is a document you create before you marry your spouse. A postnup, on the other hand, is a document you create after you get married. Both documents can contain the exact same types of details, though, and both have the same legal effects.
The common reasons people get these
You can choose to write up a prenup or a postnup for any reason you might have, but the document will not be legally binding, unless both spouses sign it, and there are a lot of reasons couples use these. One common reason is for protecting money and assets, when one spouse is a lot wealthier than the other when they get married. Another common reason to use one is when a couple is entering a second marriage and each spouse has kids. Having a prenup or postnup, in this situation, could protect the children in this second marriage.
Factors to consider to help you decide if you should get one
Before you choose to get a prenup or postnup, it is important to thoroughly think through your situation, and it is also important to talk to your spouse or future spouse about it. There are some people that are strongly against having a document like this, as they believe it means that the couple is not serious about the marriage. If your spouse is like this, he or she might not agree to sign the document. You may also want to talk to a lawyer about your situation, if you are considering this, as a lawyer could give both of you more tips, advice, and information about how a postnup or prenup could be helpful for you.
If you think that getting a prenup or a postnup is a good idea for you, talk to your spouse, or soon-to-be spouse, and then visit a family law attorney.