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Is a postnuptial agreement as good as a prenuptial agreement? I only have 7 weeks before marriage.

New York, NY |
Filed under: Marriage and prenups

Since I only have 7 weeks until marriage, would it be better to wait until after the marriage to have a postnuptial agreement drafted? Or is a prenuptial agreement better, even though it hasn't been drafted yet?

My future spouse is perfectly OK with either. I was told it might take 4 weeks to have a prenuptial agreement drafted and 'negotiated'.

Attorney Answers 4

  1. Best answer

    The answer is yes and no. In one sense they serve the same purpose. However some recent cases suggest that it is easier to get a post nup invalidated. If your the spouse with the assets get a prenup. If your the spouse without assets get a post nup

  2. If recognized in your state, yes but a prenuptial agreement makes more sense. Do it quickly though. Courts frown on prenups done right before the marriage in the event of a divorce. See an attorney now.

  3. Yes, a post-nuptial agreement is "just as valid," generally-speaking, as a pre-nuptial agreement. For a full assessment, schedule a consultation with a NYC Family Law attorney.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

  4. They are equally enforceable, but once married, the weaker spouse loses some of the "bargaining power." 7 weeks is enough time to do a prenuptial, unless there is hiding going on or the agreement is unfair.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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