Postnuptial Agreements Explained
can you get a prenuptial after marriage
No, you cannot get a prenuptial agreement after marriage because "prenup" implies before marriage. However, you can create a postnuptial agreement, which serves a similar purpose but is executed after the wedding.
What is a Postnuptial Agreement?
A postnuptial agreement is a legal contract between spouses that outlines the division of assets, debts, and other matters in the event of divorce or death. It functions like a prenup but is signed during the marriage.
- Postnups can address financial expectations and responsibilities.
- They require full disclosure of assets and voluntary consent from both parties.
- Courts scrutinize postnups closely for fairness and legality.
When to Consider a Postnup
Postnuptial agreements are useful if circumstances change, such as receiving an inheritance, starting a business, or reconciling after marital issues. They provide clarity and protect both spouses' interests.
To ensure enforceability, both parties should have independent legal counsel. Agreements must be fair and not promote divorce. Laws vary by state, so consult a family law attorney for guidance.
While not as common as prenups, postnuptial agreements offer valuable protection for married couples seeking to secure their financial future together.