What is the difference between a Prenuptial Agreement and a Postnuptial Agreement?
A prenuptial agreement and a postnuptial agreement are both different types of property agreements, and the principle difference is when the agreement is created. A prenuptial agreement is made before the parties are married, and a postnuptial agreement is made after the parties our marriage. Both types of property agreements help determine what the separate property, inheritance rights, and possible support obligations between the parties.
In my opinion a prenuptial agreement should be completed at least 90 days before the parties solemnize the marriage. This is to avoid the possibility of duress. Other attorneys will advise differently, but a prenuptial agreement should be contemplated between the parties as soon as possible.
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