Skip to main content

Is there anything a prenuptial agreement can cover that a postnuptial cant?

New York, NY |

In terms of it has to be arranged before the marriage instead of after the marriage , so it will work?

Attorney Answers 2

  1. Best answer

    Essentially a prenuptial and postnuptial agreement are the same in the terms of the legal provisions that are covered. The only thing is a pre-nuptial agreement is more likely to hold up in court than a post-nuptial agreement. Courts have been reluctant to enforce the post-nuptial agreement because a spouse has a duty to take care of the other spouse. However, the trend in courts is that more than ever, judges enforce a post-nuptial agreement.

    No attorney client relationship is created by virtue of this answer. Further, answers are for information only and should not be relied upon unless there has been a formal consultation. Many cases are fact specific and there is simply no way an attorney could possibly provide complete advice without all the relevant facts.

  2. See my prior reply to your duplicate post.

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