After marriage, couples may sign a prenup to divide their assets. Here’s what to know about getting a prenuptial agreement after marriage.
A prenup after marriage is considered a postnuptial agreement. Couples can choose to sign a postnup at any point during their marriage to decide how to split assets in case of divorce. Postnups are not enforceable in every state.
Getting a Postnuptial Agreement
Couples can sign agreements outlining property rights at any time. However, after marriage, such agreements are considered postnuptial agreements. Postnups are documents written by lawyers including clauses outlining each spouse’s rights in divorce. Postnups are not just for couples who were recently married. A couple can obtain a postnup at any point during their marriage.
Postnuptial agreements outline how each spouse’s assets will be divided in the event of divorce. The couple can choose what finances and properties to include in the postnup. A spouse whose financial situation has changed after marriage can outline property rights in a postnup.
Related: Should I Get a Postnuptial Agreement Before My Divorce?
How Hard Is It to Get a Postnuptial Agreement?
Signed postnuptial agreements may not be as enforceable as prenuptial agreements. If a couple would like to settle property division terms, sign a prenuptial agreement to avoid invalidation post-marriage is advised.
In some states, postnuptial agreements are unenforceable. Postnups can be very expensive, so before signing an agreement, couples should ensure postnups are legally enforced in their state. For the agreement to be valid in states enforcing postnuptial agreements, each spouse must agree to all clauses listed in the postnup and disclose assets. False information provided or information left out will invalidate the agreement regardless of state laws.
Are Prenups and Postnups the Same Thing?
The purpose and components of postnuptial agreements are similar to prenuptial agreements. The main difference between prenups and postnups is prenups are signed before marriage, and postnups are signed after marriage. However, prenups are more commonly enforceable. With a prenup, all financial concerns are handled prior to marriage. Financial changes after marriage can be included in a postnup.
Related: Prenup vs. Postnup in California: The Difference
Why Couples Get Postnups
Couples may obtain a postnuptial agreement at any point during their marriage. A couple may not need a specific reason to get a postnup. Yet some events may prompt a spouse or couple to seek a postnup. A spouse with a recent career change may write a postnup to protect new financial assets.
Couples may sign postnuptial agreements to outline terms concerning children. A postnup can include clauses stating who will inherit the spouse’s finances and properties. A child from a previous marriage can benefit from a postnup.
Couples may sign a postnuptial agreement in an effort to salvage an unstable marriage. Signing a postnup could display a spouse’s willingness to cooperate through other aspects of a marriage.
Related: Postnuptial Agreements in California: Is It Right For You?
FAQs About Getting a Prenup After Marriage
Can I get a postnup if I have been married for 10+ years?
Yes. Couples can choose to sign a postnuptial agreement at any point during the marriage.
Can postnups be changed throughout a marriage?
Spouses can add validated addendums to existing postnuptial agreements.
Contact Us
If you or a loved one would like to know more about getting a prenuptial agreement after marriage, get your free consultation with one of our divorce attorneys today!