Prenup vs. Postnup: What's the Difference and Which Do You Need?

Timing Is the Key Difference

The fundamental difference is simple: a prenuptial agreement is signed before marriage, and a postnuptial agreement is signed after you're already married. Both serve similar purposes — defining how assets, debts, and financial matters are handled.

When a Postnup Makes Sense

Couples pursue postnuptial agreements for many reasons: a significant change in financial circumstances, an inheritance, starting a new business, reconciling after a rough patch, or simply realizing they should have gotten a prenup in the first place.

Legal Enforceability

Both prenups and postnups are generally enforceable, but postnups face slightly more scrutiny in court. Since the parties are already married and owe each other fiduciary duties, courts look more carefully at whether both sides had independent legal counsel and whether the terms are fair.

Which Is Right for You?

If you're not yet married, a prenup is almost always the better choice — it's simpler to execute and generally faces less legal challenge. If you're already married and wish you'd gotten a prenup, a postnup can still provide meaningful protection.

Getting Started

Pure Prenup currently specializes in prenuptial agreements. If you're engaged or planning to get engaged, start your prenup process today while you have time to do it thoughtfully.