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Prenuptial versus postnuptial agreements

On Behalf of | Jan 11, 2023 | Family Law

Most people are familiar with prenuptial agreements, which are documents signed prior to marriage that stipulate who will get what in the event that the new spouses separate in the future. However, sometimes people neglect to do this for various reasons, such as not wanting to think that separation might actually be a possibility or simply because they did not think about it in the midst of planning a wedding.

Here are some of the things to know about getting a prenuptial versus a postnuptial agreement in West Virginia.

People draw up postnuptials after marriage

True to its name, spouses sign postnuptial agreements after they are already married, as opposed to before like a prenuptial. However, due to their timing, postnups may be slightly more easily contested by one spouse or the other. However, they can still be a good idea if obtaining one would solve issues in a marriage or ease stress and worry for one or both partners.

Postnuptials allow for flexibility

Relationships are not static, and issues are likely to arise after signing a prenuptial agreement. Postnuptial agreements allow couples to put things in order that they might not have thought of prior to marriage or that might not have been an issue at the time. This is especially important in the area of finances, for example, if one spouse receives a significant amount of money from a relative who recently passes away.

Knowing more about both prenuptial and postnuptial agreements can help spouses make the right decision for themselves regarding legal documents.