People enter into pre-nuptial agreements to pre-plan the distribution of their estate upon death or divorce before marrying vs. allowing the law of the state they live in to govern the distributions in those situations. Whereas, post-nuptials are entered into after the parties have been married with a similar intention.
These types of agreements require advanced preparation (a minimum of 3 months) due to the very technical nature of how the law is used in writing the agreement in order to stand up if contested. In short, the more technically sound it is with “what if’s” and “but then’s” it becomes more enforceable.
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