Is there any difference between a prenuptial agreement and a post-nuptial agreement?
Yes. A prenuptial agreement is entered into before marriage, and a post-nuptial agreement is entered into after marriage. How the law views the parties is much different. Before marriage, the parties are entering into an agreement much like two business persons entering into a contract. After a marriage, they are in a fiduciary relationship with each other, and any transactions made between them are viewed with caution. Many people don’t know that there is a significant difference between a prenuptial agreement and the post-nuptial agreement. Although some think both are equally valid and off the same amount of legal protection, this is not true. Most New Jersey family courts view a post-nuptial agreement with some degree of suspicion. In many cases, a wife is under a tremendous amount of pressure by her husband to sign a post-nuptial agreement. Meanwhile, the opportunity to argue the legal concepts of undue influence and duress are not as convincing in any litigation to void a prenupt
