How do pre-nuptual and post-nuptual agreements differ? 16 Answers as of May 13, 2015

How do pre-nuptual and post-nuptual agreements differ and can I have just anyone draft the one that is most applicable to?

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
They are interchangeable terms
Answer Applies to: Georgia
Replied: 5/13/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Pre and post nuptual agreements are basically prior to marriage or after marriage agreements. There are many similarities but some important differences..
Answer Applies to: Michigan
Replied: 5/12/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
There is no significant difference between a pre-nuptial property agreement, and one executed after the marriageexcept for the starting date, and you can try to have it drafted so it dates back to the day of the wedding. I don't think you can have just anyone draft it. It requires an experienced family law attorney who knows how provisions of such documents have been interpreted and applied by the Courts, and what requirements must be met for it to be enforceable.
Answer Applies to: Wisconsin
Replied: 5/12/2015
Law Office of Martin A. Kahan | Martin A. Kahan
Pre is before marriage, ;post is after.
Answer Applies to: California
Replied: 5/12/2015
Goldstein and Peck. P.C.
Goldstein and Peck. P.C. | William J. Kupinse, Jr
Pre-nuptial agreements are entered into before the marriage; post-nuptial agreements are entered into after the marriage. Any lawyer who is familiar with the agreements can draft one.
Answer Applies to: Connecticut
Replied: 5/12/2015
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    Pre nup is before marriage. Post nup is after the marriage. You need to talk to an experienced family law attorney in your county. Normally in Texas for either to be valid they must be represented by independent legal counsel.
    Answer Applies to: Texas
    Replied: 5/12/2015
    Law Offices of Lauren H. Kane | Lauren H. Kane
    A prenuptial agreement is made prior to marriage and a post-nuptial is made after the marriage. Both agreements deal with the distribution of assets should the parties divorce
    Answer Applies to: Pennsylvania
    Replied: 5/12/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It depends on your status. One is before marriage, one after. You need an attorney to do either correctly. You are welcome to call and engage
    Answer Applies to: Michigan
    Replied: 5/12/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    One is before the marriage, the other after. "Just anyone" - not a good plan.
    Answer Applies to: New York
    Replied: 5/12/2015
    Diane l. Berger | Diane L. Berger
    Pre us before the marriage. Post is after the marriage v
    Answer Applies to: Nebraska
    Replied: 5/12/2015
    John Russo | John Russo
    Ones done before the marriage and the other is done after the marriage. Sure you can have anyone draft it, but be careful what you ask for. Its a contract and unless you understand the laws of contract you will have a major problem.
    Answer Applies to: Rhode Island
    Replied: 5/12/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    It is a very simple concept. A pre-nuptial agreement is made between the parties BEFORE the marriage and a post-nuptial agreement is made between the spouses AFTER the marriage.
    Answer Applies to: Florida
    Replied: 5/11/2015
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    Prenuptial is for before the couple is married. Postnuptial is for after they are already married and want to make an agreement. You would want to have someone who knew the laws draft it or it might not stand up in court if challenged later by the other party.
    Answer Applies to: Arizona
    Replied: 5/11/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    The terminology is systemically incompetent but that's not your fault. The former one addresses an agreement before marriage to affect marriage. The latter one addresses an agreement during marriage to affect marriage.
    Answer Applies to: California
    Replied: 5/11/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    They differ in that one is done before the marriage and determines how property will be owned once the parties get married. A post nuptial agreement determines how property will be owned from some point during the marriage forward or if a divorce occurs. In theory anyone can draft anything. However, unless you know the law, what you draft may not be enforceable or may be so unfair as to be thrown out should it ever come before a court.
    Answer Applies to: Washington
    Replied: 5/11/2015
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Prenuptial agreements are done before the marriage and postnuptial agreements are done after the marriage. They should be drafted only by an experienced family law attorney.
    Answer Applies to: Georgia
    Replied: 5/11/2015
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