Should I get a prenup or a marriage agreement? What’s the difference?

When it comes to planning for the future, couples who are married, or intending to marry, have options to protect their interests and assets through legal agreements. Two common types of agreements are prenuptial agreements (prenups) and marriage agreements. In this blog post, we’ll explore the differences between prenups and marriage agreements and help you choose the right option for your relationship.

1. Prenuptial Agreements (Prenups)

Prenuptial agreements are legal contracts entered into by couples before they get married. These agreements typically outline how assets and debts will be divided in the event of a divorce or separation. Prenups can address various financial matters, such as property ownership, spousal support, and inheritance rights. They are often used to protect premarital assets and provide financial security for both parties.

2. Postnuptial Agreements (Postnups, Marriage Agreements)

 Marriage agreements, also known as postnuptial agreements, are similar to prenups but are entered into after the marriage has taken place. These agreements serve the same purpose as prenups, allowing couples to clarify their financial arrangements and protect their assets. Marriage agreements are typically entered into by couples who did not have a prenup before getting married or who wish to update their existing agreement because their circumstances have changed. For example, perhaps one partner has left the workforce to care for the couple’s children.

3. Choosing the Right Option

Prenups and marriage agreements are very similar documents with very similar requirements.  Both types of agreements must meet certain legal requirements to be valid and enforceable.  Both require you and your partner to share information about your finances and be able to openly and honestly discuss your goals and plans for the future.  The primary difference between prenups and marriage agreements is essentially timing, whether you enter into the agreement before or after your wedding day.

Creating Your Agreement with Jointly

At Jointly, we understand that every relationship is unique, and we’re here to help you navigate the process of creating a prenup or marriage agreement with confidence. Our online platform guides you through the entire process, and gives you all of the information that you need to make choices that make sense for your family.

Whether you’re considering a prenup or a marriage agreement, Jointly can help you protect your interests and create a solid foundation for your relationship.  Click here to get started.