What are the Difference Between a Post-Nuptial Agreement and a Separation Agreement?

These agreements in Rockland County might end up serving similar purposes, but they are different largely based on the time in which they are used.  To understand which one might work for you, learn about the differences between these three documents.

A post-nuptial agreement is similar to a prenuptial agreement, the primary difference being that a post-nuptial agreement is made while the parties are still married.  The couple might still have a healthy relationship but be interested in getting some clarity on property that would remain separate.   Resolution of key issues in a binding document can help a healthy marriage continue to stay strong.   Sometimes a post-nuptial agreement is made to provide a guarantee that both spouses remain on the health care plan of one spouse if the marriage ends.

A separation agreement in Rockland County, however, is different.  These agreements should contain decisions related to all areas marriage dissolution such as child support, child custody, maintenance, and property division.  If these issues are agreed upon through a separation agreement, usually the divorce can be uncontested if and when the parties decide to file.  A couple will still need to file for divorce before the actual uncontested divorce package can be submitted to the local court, however.   Addressing these concerns in a separation agreement can help expedite the divorce process, if it comes to that.

While both documents have their differences, both can be helpful for addressing possible divorce issues ahead of time.  This gives both parties peace of mind about what to expect if the marriage does eventually dissolve.

71 Replies to “What are the Difference Between a Post-Nuptial Agreement and a Separation Agreement?”

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