Does Everyone Need a Prenup and Postnup?

Marriage can be immensely marvelous and challenging at the same time. That’s why it’s vital for couples to discuss what might happen in the future because, unfortunately, you cannot predict what will happen to your relationship as you, your partner, and life evolves. With this in mind, not everyone will need a prenup or prenuptial agreement and a postnup or postnuptial agreement.

A prenup is made before marriage, while a postnup is made after marriage. Both are legal contracts that specify how a couple will split their assets if they separate. In general, if you already have a prenup, you don’t need a postnup. But if you don’t have a prenup and are already married, you should consider having a postnup.

Who Should Have a Prenup?

Prenuptial agreements are recommended for couples who are getting married with significant assets or a sizable estate of their own. It is also recommended if one partner or both are expecting to receive a significant trust distribution or inheritance. In a prenup, couples can specify what (if applicable) share their spouse will get from the estate in the event of death or divorce. This is particularly vital if one partner has kids from a previous marriage and wishes to leave a share (or the entire) of their estate.

Prenups can also safeguard any assets or income the couple earns while married and unearned income from an inheritance. In addition, couples can specify a spousal support amount when they get divorced. It is also possible to include reasonable personal or lifestyle clauses in prenups.

On the other hand, both prenuptial and postnuptial agreements cannot include provisions that involve the couple’s future or existing children. If they get a divorce or separate, it will ultimately be up to the judges to decide what’s in the best interests of the children, and provisions involving children are usually unenforceable.

Who Should Have a Postnup?

It is usually couples who don’t have a prenup and have been married for five or more years that decide to get a postnuptial agreement. Typically, the couple is struggling with their marriage but wants to give their marriage one last try, so they use a postnup as a kind of ultimatum for themselves. In other cases, a spouse has just received a large gift or inheritance, such as money or property, and wishes to clarify that it is solely theirs. 

While both prenuptial agreements and postnuptial agreements are enforceable in a divorce, judges typically favor prenups because they are entered into before couples combine assets. Just something to really think about before you get married. However, having a postnup will still be very beneficial, especially for previously divorced people with significant assets. Both agreements also clarify potential issues when one spouse dies, particularly if they have children from a previous marriage.

Get In Touch With a Seasoned Ventura Family Law Attorney Today

If you need more information about prenups and postnups and what they can do for your specific situation, please contact the Ventura family law attorney at Bamieh & De Smeth. To schedule your free consultation with our Ventura family law attorney, dial 805-643-5555 or reach us online.