Peter M. Mott, a partner with the firm, spoke with US News & World Report on what is the difference between a prenuptial and postnuptial agreement. Mr. Mott said there is a difference between prenuptial and postnuptial agreements because of consideration, which requires promises made by the couple to be enforceable.
“The consideration of the prenuptial agreement is the impending marriage. If you never get married, the prenuptial agreement is meaningless,” Mr. Mott said. “But with a postnuptial agreement, there is no pending marriage coming up, so you don’t have the consideration the prenuptial agreement had. To have a valid postnuptial agreement, there has to be a new form of postnuptial agreement, there have to be new promises. There’s a big difference between the two.”