ContractsCounsel Logo

Prenup vs Postnup

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 5,780 reviews

Jump to Section

Need help with a Prenuptial Agreement?

Create a free project posting

In California, a prenup is a legal agreement made between two individuals before they get married, while a postnup is made after they are already married. Both agreements can include provisions regarding property division, spousal support, and other important issues related to the couple's finances.

What Are Prenuptial Agreements?

Before marriage, couples must execute a prenuptial agreement, commonly called a premarital contract. In the case of a divorce, this agreement spells out how the couple will divide their assets and possessions. Prenuptial agreements may include inheritance rights, spousal support, and split property clauses. Any debt that either partner may have brought into the marriage might also be addressed.

As more couples decide to safeguard their economic interests before marriage, prenuptial agreements are gaining popularity. These agreements might be crucial for those with major assets, business owners, or kids from an earlier relationship.

The protection of each spouse's property can be guaranteed by a prenuptial agreement, which can also assist in preventing time-consuming and expensive legal disputes. Prenuptial agreements can cover matters like spousal maintenance and inheritance rights in conjunction with wealth allocation.

Prenuptial agreements must be rational and equitable; they cannot be used to forego a party's claim to child maintenance or to punish a spouse for specific actions. Prenuptial agreements can often give both partners financial security and clarity on their rights and obligations.

Pros and Cons of Prenuptial Agreements


  • Safeguarding Each Spouse's Assets

    A prenuptial agreement can protect each spouse's assets in case of divorce or separation. It is particularly important if one spouse has significantly more assets than the other or if one or both have children from a previous relationship that they want to provide for.

  • Guaranteeing Fair Distribution of Assets and Property in Case of Divorce

    By laying out a complete sense of how assets and property should be distributed, a prenuptial agreement can help prevent drawn-out and expensive legal disputes. It can also help ensure that each spouse receives a fair share of the marital assets in case of divorce.

  • Preventing Drawn-Out and Expensive Legal Disputes

    Without a prenuptial agreement, dividing assets and property in a divorce can be lengthy, expensive, and emotionally draining. A prenuptial agreement can provide clear guidelines for dividing assets, which can help prevent conflicts and speed up the divorce process.

  • Shielding One Spouse From the Other's Debt

    If one spouse has a history of poor money management or significant debt, a prenuptial agreement can protect the other spouse from being responsible for those debts.


  • Perceived as Unromantic and May Harm Trust and Closeness Between Spouses

    Some people view prenuptial agreements as unromantic and believe they can harm their trust and closeness. It's vital to communicate openly and honestly with your partner about why you want a prenuptial agreement and how it can benefit both of you.

  • Expensive

    Prenuptial agreements can be expensive because they frequently need to be written and reviewed by lawyers. The cost may occasionally be unaffordable for couples who cannot afford legal fees.

  • Require Delicate Conversations about Money and Asset Division

    Prenuptial agreements call for the couple to have delicate conversations about money and asset division, which can be uncomfortable or difficult for some couples.

  • It May Not be Enforceable in Certain Circumstances or Challenged in Court

    Prenuptial agreements may not be enforceable in certain circumstances, such as if one spouse was coerced into signing it. They may also be challenged in court if deemed unfair or unconscionable. It's important to consult an experienced attorney to ensure your prenuptial agreement is fair, valid, and enforceable.

Meet some lawyers on our platform

Faryal A.

15 projects on CC
View Profile

Bryan B.

149 projects on CC
View Profile

Donya G.

81 projects on CC
View Profile

Michael M.

344 projects on CC
View Profile

What Are Postnuptial Agreements?

A postnuptial agreement is a document similar to a prenuptial agreement but negotiated after the wedding. It is commonly used to address new conditions following the marriage, such as acquiring new assets or raising children. Postnuptial agreements can also address matters not covered by the prenuptial agreement.

One of the advantages of postnuptial agreements is that they can assist couples in resolving issues that have emerged during the marriage. It may include assigning future income or sharing property obtained during the marriage. Postnuptial agreements can also address problems such as adultery or other trust violations.

However, postnuptial agreements may also have drawbacks. One major disadvantage is that they can be viewed as a sign of mistrust or a lack of commitment within the marriage. Additionally, drafting and reviewing postnuptial agreements can be expensive and time-consuming.

Pros and Cons of Postnuptial Agreements


  • Financial Security

    They can provide a sense of security for both spouses by clarifying the terms of asset and property distribution in case of divorce.

  • New Addition

    They can be used to address new situations that may have arisen since the wedding, such as the birth of children or a change in employment status.

  • Better Relationship

    Postnuptial agreements can offer a way for couples to improve communication and trust by discussing important financial matters.

  • Cost-Effective

    They can be less expensive than prenuptial agreements since they must not be completed before the wedding.


  • Conflicts

    Negotiating a postnuptial agreement can be challenging and potentially lead to conflict between spouses.

  • Drafting Issues

    They may not be legally enforceable if they are found to be unfair or if the terms are against public policy.

  • Mistrust

    Postnuptial agreements can be seen as a sign of mistrust or lack of commitment in the marriage, potentially damaging the relationship.

  • Expensive

    The cost of drafting and reviewing a postnuptial agreement can still be substantial, especially if legal challenges arise.

It's important to note that the pros and cons of postnuptial agreements may vary depending on individual circumstances and should be carefully considered before entering into any legal agreement.

Prenup vs. Postnup

When it comes to protecting your assets, it can be challenging to decide between a prenuptial and postnuptial agreement. A prenuptial agreement can provide security before getting married, while a postnuptial agreement is better suited for changing circumstances after the wedding.

It's recommended to seek the assistance of a lawyer to ensure the agreement is fair and enforceable. Couples can consider various factors when choosing between the two agreements, including the timing and reason for the contract. Ultimately, the choice will depend on the unique circumstances and priorities of the couple.

Key Terms for Prenup vs. Postnup

  • Assets: Property or financial resources that have value.
  • Marital Property: Assets obtained during the marriage by either or both parties.
  • Liabilities: Debts or responsibilities owed by one person to another.
  • Separate Property: Assets obtained by one party before the marriage or obtained during the marriage by one party through gift, inheritance, or personal injury settlement.
  • Community Property: Property owned equally by both parties, regardless of who acquired it.
  • Divorce: The legal annulment of a marriage.
  • Spousal Support (also known as Alimony): Financial aid settled by one partner to the other after a divorce.
  • Child Support: Financial aid paid by one parent to the other for supporting their kids after a legal separation divorce.
  • Custody: Legal privileges and obligations related to the care and upbringing of kids.

Final Thoughts on Prenup vs. Postnup

Eventually, prenuptial and postnuptial contracts can give spouses peace of mind and financial stability. Although they may have certain disadvantages, they can also aid in preventing friction and disagreements throughout a divorce. Couples should carefully assess their unique circumstances and priorities when choosing the best action for their relationship.

Also, to make sure that the agreement is just and fair and satisfies both parties' needs, it is crucial to obtain the opinion of a skilled legal expert. Prenuptial and postnuptial contracts can, in the end, be useful tools for couples to safeguard their assets and create a more secure future with proper planning and consideration.

If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

Need help with a
Prenuptial Agreement?

Create a free project posting

Meet some of our Lawyers

Howard B. on ContractsCounsel
View Howard
5.0 (1)
Member Since:
July 28, 2022

Howard B.

Managing Member
Free Consultation
Tulsa, Ok
10 Yrs Experience
Licensed in OK
University of Tulsa

Berkson is a dedicated, practical, and detail-oriented attorney licensed to practice in every state court of Oklahoma and the United States Northern and Eastern District Courts. He graduated from the University of Tulsa College of Law with Honors. While there, he received awards for highest grade in trial practice, legal research, and civil procedure. He was also the Executive Notes and Comments Editor for the Energy Law Journal, the official journal of the Energy Bar Association in Washington, D.C. The Energy Law Journal is one of the few peer-reviewed journals in the legal profession. Prior to becoming an attorney, Howard Berkson held executive positions involving a wide range of business and human resources management functions. He has in-depth knowledge of both business and HR practices. During his business career, Berkson negotiated, wrote, red-lined, and disputed contracts. He has answered charges, handled inspections, and supervised audits involving numerous agencies including the Department of Labor, the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, and various state agencies. Berkson honed his analytical and writing skills while earning his Bachelor of Arts degree in Philosophy from the University of Washington. He went on to obtain a Master of Arts in Labor and Industrial Relations from the University of Illinois. Berkson’s work can be found in such publications as The Energy Law Journal, Human Resource Management Review and Personnel Psychology. He is a member of Phi Alpha Delta law fraternity and of Phi Kappa Phi honor society.

Erik D. on ContractsCounsel
View Erik
5.0 (15)
Member Since:
July 31, 2022

Erik D.

Free Consultation
14 Yrs Experience
Licensed in FL
Stetson University College of Law

Erik has been a practicing attorney in Florida for over a decade. He specializes in employment and real estate contracts. He has represented clients big and small and can assist with any contract issue.

Domonick G. on ContractsCounsel
View Domonick
5.0 (3)
Member Since:
August 1, 2022

Domonick G.

Free Consultation
2 Yrs Experience
Licensed in MO, TX
Thurgood Marshall School of law

I am a licensed attorney who specializes in business law, personal injury and contracts.

Travis D. on ContractsCounsel
View Travis
5.0 (1)
Member Since:
August 8, 2022

Travis D.

Free Consultation
Norman, OK
3 Yrs Experience
Licensed in OK
University of Oklahoma

Travis counsels individuals and businesses on a broad range of complex topics. His practice centers on producing efficient, client-driven results. He concentrates his practice on real estate, construction, and general business matters with an emphasis on assisting clients both before and after problems occur by drafting contracts designed to best position clients to avoid disputes and litigating matters to a final resolution if problems emerge. Born and raised in Oklahoma, Travis is a triple graduate of the University of Oklahoma, having obtained his Bachelor of Arts, Master of Business Administration, and Juris Doctor degrees from OU. Prior to practicing law, Travis managed the finances and business operations of a successful construction supply company for several years. This insight into sophisticated business dealings, contractual issues, and strategic planning makes him uniquely qualified to handle a wide range of legal matters. Travis lives in Norman with his wife, Haley, dogs, Walter and Poppy, and cat, Ernest. Outside of the office, Travis enjoys playing golf and reading.

Justin C. on ContractsCounsel
View Justin
5.0 (1)
Member Since:
August 11, 2022

Justin C.

Free Consultation
Hammond Indiana
6 Yrs Experience
Licensed in IN
Valparaiso University Law School

Justin Camper is a small business and trademark attorney, entrepreneur, public speaker, and writer. Justin has been practicing law close to 5 years and has done various areas of law from criminal work as a Prosecutor, to business and civil litigation at private law firms.

George L. on ContractsCounsel
View George
5.0 (3)
Member Since:
August 16, 2022

George L.

Free Consultation
Rock Hill, SC
4 Yrs Experience
Licensed in GA, SC
University of Georgia School of Law

George is a solo practitioner with offices in Rock Hill, SC, and Lavonia, GA. His practice is focused on contracts, tax, and asset protection planning. George regularly provides outside general counsel services to businesses and business owners. He current clients include multinational companies in Belgium and Pakistan with subsidiaries in the United States, charities, and several startups. When not practicing law, he can usually be found training his bird dogs.

Marc S. on ContractsCounsel
View Marc
Member Since:
July 28, 2022

Marc S.

Free Consultation
Henderson, Nevada
42 Yrs Experience
Licensed in NV
Southwestern University

Have been practicing real property and business law in Nevada for over 40 years. No longer handling any litigation, transactional matters only.

Deborah W. on ContractsCounsel
View Deborah
Member Since:
September 4, 2022

Deborah W.

Managing Partner
Free Consultation
26 Yrs Experience
Licensed in MI
Michigan State University College of Law

Williamson Health Law is an established and trusted law firm focused on representing hospitals, health plans, physician groups, physicians, physical therapy businesses, psychologists and other health care providers and businesses in all aspects of health law. including the Stark law, the Anti-Kickback Statute (“AKS”), the Health Insurance Portability and Accountability Act (“HIPAA”), regulatory compliance, Medicare and Blue Cross audits and overpayment appeals, payer departicipation and disaffiliation appeals, payer and provider disputes, reimbursement and billing, compliance plans, health care industry contracts and professional licensure. We represent clients throughout Michigan and the U.S. with certain federal matters such as federal regulatory analysis and Medicare audits.

Bolaji O. on ContractsCounsel
View Bolaji
Member Since:
August 9, 2022

Bolaji O.

Princial Attorney
Free Consultation
New York
4 Yrs Experience
Licensed in NY
Texas Souther University - Thurgood Marshall School of Law

Bolaji O. Okunnu is an entertainment lawyer and founder of the Okunnu Law Group, PLLC based in New York, New York. His practice includes work in the area of copyright, trademark, contract, intellectual property and business law. As an entertainment attorney, Bolaji represents a diverse roster of celebrities, record labels, music publishers, artists, bands, entrepreneurs, authors, songwriters, artist managers, record producers and entertainment executives concerning their intellectual property, business affairs and creative assets. He is an expert at solving complex and sophisticated legal and business issues relating to contracts, copyrights and trademarks. With his background in both the law and the music business, he brings a broad perspective to problem-solving and business plan strategies. He also has an extraordinary ability to speak to the hearts of creatives while helping them discover their voice and clarify their creative dreams and assignments.

Matt M. on ContractsCounsel
View Matt
Member Since:
August 16, 2022

Matt M.

Free Consultation
Orem, Utah
16 Yrs Experience
Licensed in UT
Washington & Lee University

I love to learn, and I love solving problems. That's why I became a lawyer, and learned to solve legal problems for individuals and businesses and help them fix things when there's a snag. Touch base if you think I could have something to offer for you or your company. Experienced, results-oriented legal professional whose background and education have established him as a valuable resource in areas of corporate law, franchising, litigation, compliance, mortgages and banking, and more. Practice Areas Include: Corporate law, Franchising, Litigation, real estate, corporate law, civil disputes, insurance representation, corporate counseling, dispute resolution, risk management, regulatory counsel, compliance. Experience involves sophisticated as well as routine corporate structuring and transactions, simple and complex litigation, and written and oral advocacy such as depositions, mediated settlement conferences, trials, appeals, written pleadings and discovery, and case strategy and analysis. Experience managing and litigating disputes between parties and negotiating settlements across the spectrum of civil litigation, including probative discovery, successful motions practice, legal research and writing, appellate practice, and legal consultation to individuals and business entities. Further experience includes digesting and monitoring updates to the legal landscape to advise clients or departments and successfully adapt policies and procedures to assure compliance with applicable laws and regulations as well as to manage risk effectively. For those needing a skilled commercial or corporate lawyer, or for individuals whose rights need persuasive advocacy, I am a valuable resource. Representative work also has involved success on the appellate level, as in Baker Construction Company, Inc. v. City of Burlington and Hawthorne, LLC, North Carolina COA09-13.

Madeline P. on ContractsCounsel
View Madeline
Member Since:
August 13, 2022

Madeline P.

Free Consultation
Frisco, Texas
7 Yrs Experience
Licensed in TX
Southern Methodist Uninversity - Dedman School of Law

I am the CEO and attorney at my law firm that I started in June 2020 (as other businesses were shuttering due to Covid-19). I am currently seeking contract work to supplement my case load as I recently finalized numerous family law cases within a short timeframe.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city