The Difference Between a Prenuptial vs Postnuptial Agreement

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If you are already married and wish you had a prenuptial agreement is not too late. Prenuptial and postnuptial agreement both govern the distribution of property at the time of divorce and may also be drafted to compliment an estate plan. The difference between these two types of agreements is basically consideration and when the agreement was made.

All contracts require consideration to make the agreement enforceable. Pre Nuptial Agreements are entered into before a marriage and the marriage itself is the consideration. Post Nuptial Agreements require specific consideration to be effective because the marriage has already taken place. Both agreements govern the division of property ie: spousal support, equitable distribution of assets, legal fees ect.

If you are interested in entering into an agreement which governs the property division in your marriage contact Diana Mohyi Attorney at Law for a consultation.

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