Prenuptial Agreements are far more common than postnuptial agreements.
Wherever a party resides, it is the laws of that state that will determine the distribution of property upon death or divorce. People enter into prenuptial agreements to replace the property laws that would be imposed upon them by the state in the event of divorce or death. In California, prenuptial agreements are governed by the Uniform Prenuptial Agreement Act. Prenuptial agreements are very common when parties marry later in life and already have children from a prior relationship.
Postnuptial agreements are different.
They are entered into AFTER the parties have been married. The purpose of the postnuptial agreement is the same of the prenuptial agreement. However, in California, once the parties have been married they have additional requirements imposed upon them which makes the drafting of postnuptial agreements somewhat more difficult. Regardless of whether the couple is entering into a prenuptial agreement or a postnuptial agreement, individual representation is necessary.
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