California Info

California Divorce Start Your Divorce Find Professionals California Articles Divorce Facts Divorce Grounds Residency Divorce Laws Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum California Products Divorce by County

California Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

California Divorce Support California Divorce Online

Difference Between Prenup and Postnup

Although postnuptial agreements are less common than prenuptial agreements, there has been a recent surge in the production of these agreements. In essence, these two legal contracts are established for the same general purpose. However, a postnuptial is made after a couple has been married as opposed to a prenup which is done prior to the wedding.

The overall purpose of a postnup is to protect any assets from each spouse’s claims in the situation when the marriage ends whether it occurs from a death or dissolution of the marriage. Where there are community property states, the assets of one can automatically entitle the other to a portion of their assets after they get married. Some other reasons for a postnup are to protect a business, or it can be used as a resource for managing threats to the business in regards to assets.

In regards to a prenup, it is possible that one’s finances may substantially increase in the future. One party might have a significant increase in salary due to a raise or a promotion. There could be a possibility of a large inheritance awaiting one of the partners in the marriage. Nowadays, many are entering their second or third marriage, and one should consider children from past relationships.

With a premarital agreement in force, you will be reasonably reassured how your assets and debts would be handled in the event you do not stay married. Any potential form of property settlement will be resolved and addressed while you are on good terms with each other. In this agreement, you can include as many issues as you desire.

All 50 states recognize prenuptial agreements. They are simply contracts between prospective spouses entered into before the marriage that identify each spouse's separate property and define each spouse's rights in the other's property, including future earnings, during and upon termination of the marriage by divorce or death. The prenuptial agreement can waive a spouse's rights to alimony and provide for the rights of children from a prior marriage.


Was this helpful? Like our site & let us know.

Related Articles


Start California Divorce Start Your California Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
California Divorce Find California Divorce Professionals in Your Area:
Join the Network
California Divorce Products, Services and Solutions California Divorce Products, Services and Solutions
California Divorce Resources to Help You Through the Process.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free California Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
To file for divorce, one spouse must have lived in California for the last six months, and the county where the action is filed for the last three months. Spouses who have lived in California for at least six months, but in different counties for at least three months can file in either county. These California residency requirements must be met in order for the court to have jurisdiction of the case.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a California Divorce

 

Settle Your Divorce Negotiate Your California Divorce

 

Support Forum California Support Forum


FEATURED TOOL - The Custody JunctionTM Advantage (Scheduling, Tracking & Reporting Like Never Before)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"