The key difference between prenuptial and postnuptial agreements is timing.
While postnuptial agreements are signed only after the marriage has already taken place, prenuptial agreements are created and signed when the couple is still contemplating and planning their marriage. The couple has the opportunity to go into the marriage with full knowledge of their future spouse’s income, assets, and liabilities, and to already have reached an agreement on important matters pertaining to the marriage and a possible divorce.
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