Can you get a Prenuptial Agreement After Marriage?

The short answer is NO. A prenuptial agreement occurs before the wedding. 

However, the option after marriage is a postnuptial agreement, which, like a prenuptial agreement, constitutes a legal contract between a married couple that explains what happens to financial assets and property in the event of a divorce, separation, or death. However, prenups and postnups both share the same goal. They provide you with clear guidance.

What a Postnuptial Agreement Covers

A postnuptial agreement sets rules for money, debts, and property. It shows which assets are separate and which belong to both spouses. The agreement explains how property will be divided if the marriage ends and sets expectations for spousal support. It also delegates daily financial responsibilities.

Why Married Spouses Choose a Postnup

Life changes quickly after marriage. One spouse may launch a business, while the other might receive an inheritance or a valuable gift. Debt from school or a new venture can appear along the way. Careers can shift, raising or lowering household income. 

A postnup lets couples adjust to these changes by updating their financial plan. The agreement can keep a business as separate property, protect inherited money from becoming marital property, and prevent one spouse from taking on the other’s debts. It also allows couples to revise earlier plans when both agree.

Requirements and Enforceability

Courts look closely at postnups. Spouses owe each other a duty to act fairly and in good faith. To be legally binding, your agreement should meet key legal requirements. Put it in writing. Make sure both spouses sign it voluntarily. 

Share full and honest financial information with each other. Include income, financial assets, debts, and obligations. Keep the terms fair when each spouse signs the agreement. Notarizing the document helps prove who signed and when.

Independent Legal Counsel Makes a Difference

Each spouse should seek independent legal advice. Separate legal counsel protects both sides. 

Your lawyer will explain your rights and the tradeoffs, and check that the agreement complies with local laws in your state. This step helps the court see that no one was pressured. It also allows the agreement to stand up later.

What a Postnup Can Cover

A strong agreement usually focuses on major financial issues. For example, it may confirm that a business remains separate property and explain how to value it if needed. It might also state who keeps the family home or how to divide equity. Retirement accounts and future contributions can be addressed, along with responsibility for credit cards, student loans, and other debts. 

Couples can include spousal support within the limits of local law. Finally, couples may set rules for property they plan to buy in the future. These details make it easier to move forward if the marriage ends.

What a Postnup Cannot Cover

Some topics are not allowed in private agreements. A postnup cannot decide child custody or child support. A court decides those issues based on a child’s best interests. 

A postnup also cannot include terms that break the law or encourage divorce. Keep your agreement focused on property, debt, and support between spouses.

How to Sign a Postnuptial Agreement

Start with full disclosure. List all bank accounts, investments, real estate, vehicles, businesses, insurance policies, and outstanding debts. Update balances and values so both of you use accurate numbers. 

Then talk through goals. Decide what each of you wants to keep as separate property. Decide what you both agree to treat as marital property. Plan for growth in value. If one spouse brings a house or a stock portfolio into the marriage, explain how any increase will be handled.

Next, review the agreement with care. Read each section together. Make sure the math is clear. 

Confirm deadlines and procedures. Ask questions of each other until everything gives the whole picture. After reviewing the document, each spouse meets their own individual lawyer. When ready, each spouse signs the agreement, preferably in front of a notary.

When to Review or Update the Agreement

If your financial situation changes, review your postnup. Milestones, such as the birth of a new baby, a major job change, the sale of a company, or a large inheritance, can all be reasons to update your plan. Take the time to review the agreement every few years. If the terms no longer fit, ask your legal counsel to draft an update. 

How a Postnup Helps with Planning

An explicit agreement helps with estate planning. It protects gifts and inheritances from becoming mixed with marital property. It also works with your will or trust so that your plans match. 

Business owners also benefit from a postnup in that the entity remains protected in the event of a divorce.

Answering the Core Question

Can you get a prenup after marriage? No. Prenuptial agreements must be signed before the marriage.

But the good news is that after the wedding, a postnuptial agreement is just as good. Postnups are legally binding and outline the division of assets. They also protect separate property and address spousal support ahead of time. Each spouse has the right to review the agreement and search for independent legal advice before signing.

Next Steps

If you are thinking about signing a postnuptial agreement, gather your records and write down your goals. Talk with a family law attorney who specializes in postnuptial agreements. Ask them to review the agreement to determine if it’s fair and legal. When the terms are clear and both you and your partner sign voluntarily, you have a practical plan to guide your future and build a solid foundation for trust in your relationship.

Speak with a Pasadena Postnup Attorney

Thinking about a postnuptial agreement? The Law Offices of R. Ross Jacinto in Pasadena offers a free consultation to help you understand your options and create a plan that protects your interests. With over 30 years of experience in family law, Attorney Ross Jacinto provides trusted guidance to couples searching for clarity and security in their marriage.

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