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A prenuptial agreement is a contract entered into before marriage, while a postnuptial agreement is a similar contract entered into after the marriage. The content of these notarized agreements varies, but they usually include division of property and spousal support in the event of divorce, death, or any other dissolution of the marriage.
Prenuptial agreements should be equitably constructed under fair and just circumstances by an attorney. A court may not always enforce every part of the agreement and will evaluate a number of factors, including whether it disproportionately favors one spouse over the other and if the parties have fully disclosed all assets and liabilities.
A postnuptial agreement is aimed at improving or preserving an existing marriage. They cover anything from spending time with a spouse’s family members during the holidays to how shared funds are spent. They are most commonly used in community property states, which automatically give the other spouse the rights to assets in the event of a marriage’s dissolution.