When You Need a Prenuptial Lawyer in Suffolk County: What Is the Difference Between a Prenuptial Agreement and a Postnuptial Agreement?

In simple terms, a prenuptial agreement is an agreement entered into before the marriage date, while a postnuptial agreement is an agreement by a married couple after the marriage date. A postnuptial agreement written up by a prenuptial lawyer in Suffolk County can determine the same financial issues that a prenuptial agreement determines, that is what to do with assets, debts, spousal maintenance (alimony) and possibly attorney’s fees.

Most people are familiar with prenuptial agreements and certainly prenuptial agreements are much more common than postnuptial agreements.  Before a marriage, the engaged couple will typically use a prenuptial agreement to make it clear what is one party’s separate property, for example: a home or a business.  Married couples will enter a postnuptial agreement for a variety of reasons, typically when financial circumstances change after the marriage.

In terms of evaluating a prenuptial agreement versus a postnuptial agreement, there is one huge difference.  When a court evaluates a prenuptial agreement, they want to make sure it was entered into without any duress.  I always advise my clients that is a good idea to enter into a prenuptial agreement at least one month before the wedding date.

Obviously, when entering a postnuptial agreement, you are already married, so a Court will still evaluate whether or not the postnuptial agreement was entered into under duress, but, they will look at different criteria to determine that. In general terms, Courts tend to evaluate postnuptial agreements more closely.

However, similar to a prenuptial agreement, when entering into a postnuptial agreement, both parties should have an experience attorney representing them.

People often ask, why do married couples enter int a postnuptial agreement.  Sometimes, it is a way to “save a marriage”.  Other time, it could be because one spouse is starting a new business, has a large increase in income or just received an inheritance.

The Badanes Law Office has drafted about 100 prenuptial agreements and several postnuptial agreements. If you are considering a prenuptial or postnuptial agreement, then call the Badanes Law Office today at: 631-239-1702, email us at: dbattorney@optonline.net or visit our web site: www.dbnylaw.com.

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