Prenuptial agreements are contracts created between two individuals in anticipation of their future marriage to outline their respective rights and responsibilities as to assets, liabilities, and financial support in the event the marriage ends in divorce or one of the couple dies after marriage.
Postnuptial agreements are written terms created by a married couple, generally outlining short-term practical steps they will each take going forward with the goal of reconciling their relationship and avoiding divorce. Postnuptial agreements may or may not become enforceable contracts, depending on the circumstances of the specific case. The terms of postnuptial agreements usually derive from marital or marriage mediation, where the couple works to improve their communication and relationship with each other in order to stay married.
Mediation is a helpful process for negotiating prenuptial and postnuptial agreements because:
- Participants learn about their rights and responsibilities as spouses
- Participants create customized plans based on their respective goals and concerns
- Participants can have difficult conversations in a structured, neutral environment