As divorce cases are on the rise these days, many couples wish they could have a prenup. And are wondering: Is it too late to get a prenup after marriage?. Just like many married couples, are you too looking for the answer to the question, Can you do a prenup after marriage?
This article helps you with this in detail, and if it’s not possible, what other option you have?
Let’s discuss this in detail!
Can you do a prenup after marriage?
A prenuptial agreement is a legal document that couples sign before their marriage. And for its validity, you must sign it before marriage. So the answer to the question “Can you do a prenup after marriage?” is: No, you cannot do a prenup after marriage. But instead, you can do a postnuptial agreement after marriage.
The answer to the question (Can you do a prenup after marriage?) is clear to you. Now let’s understand a postnuptial agreement after marriage in detail! Other than that, this article also helps clear all your doubts regarding postnups. Like how postnups are different from prenups; if you cannot do prenups after marriage, can you sign a postnup? So read till the end!
What is a postnuptial agreement?
A postnuptial agreement (or postnup) is the legal contract that couples can sign after marriage. And that specifies how assets and debts are divided among both spouses in the event of divorce. The aim of a postnup and a prenup is quite similar. But there is little variation in what you can include in them.
A postnuptial agreement outlines not just the division of property and assets but also the handling of children in the event of divorce. Other than that, you can also include the provision of support if one of the partners dies while still married.
Even though you can not do a prenup after marriage, the postnup serves you quite similarly, making it worth considering, i.e., to protect your assets and property in the event of divorce.
Can you sign a postnuptial agreement?
If you address changes in your financial situation, it’s a great idea to sign a postnuptial agreement to protect your assets and property in the event of a divorce. Just like prenups, postnups have also become common these days.
Consider the following reasons to know when you should sign a postnup:
- If you have too many assets, i.e., holding premarital assets or expecting inherited assets, then a postnup is a great way to protect your assets in the event of divorce.
- If you have children from the prior marriage, then ensure that your child will get the inherited asset or property in the event of your death. Because in most states your spouse will get your estate share in case you die, a postnup here acts as a savior by ensuring who’ll get your share upon your death.
- If you don’t have a prenup and are wondering how to protect your assets and property after marriage, then you can sign a postnup.
- If you own a company, then to protect your business assets and net worth, you should do a postnup.
Prenup vs. postnup (What is the difference between a prenuptial and postnuptial agreement?)
Even though both prenups and postnups have the same aim of protecting your assets and property in the event of divorce or death. And can even lessen harassment during the divorce process, they are still quite different from each other in some ways. The key points listed below elaborate on the difference between prenuptial and postnuptial agreements:
- A prenuptial agreement is the legal contract to be signed before marriage, whereas a postnuptial agreement is for married couples.
- Prenup is more common because it is quite easy to enforce. Whereas postnup is somehow harder to enforce in some states, making it less preferable over prenup.
- For a prenup, both partners need their own separate attorneys. Whereas for a postnup, most states allow the couple to have the same attorney.
Even all these points help clarify some of your doubts regarding “Can you do a prenup after marriage?”. Keep reading to clarify your doubts regarding postnuptial agreements after marriage.
How long after marriage can you get a postnuptial agreement?
You can get a postnuptial agreement at any time after marriage. It doesn’t matter if you got married a few months ago or many years ago (20 years ago). Even though you got married last month, you can still get a postnup. This simple fact means it’s never too early or too late to get a postnup. Many couples get a postnup if they experience financial changes and changes in their relationship, especially when you have too many assets and children from prior marriages.
Can you do a postnuptial agreement without a lawyer?
Yes, you can do a postnuptial agreement without a lawyer. Make sure to follow the state’s law, do a validity check, and make fair postnup to hold up in court. Because one negligence can make a postnup not upheld in court, just be very particular about your state’s law.
But it’s good to consult an attorney for better guidance as per the state’s law and your circumstances.
Final Words:
The answer to the question, “Can you do a prenup after marriage?” is: No. But fortunately, a postnup is a great alternative to protect your assets and property in the event of divorce, which you can do after marriage. A postnuptial agreement after marriage is an ideal option when you have too many assets, expect inheritance property, own a business, and have children from the previous marriage. The amazing thing is that you can get it at any time during the marriage. Hence, it’s never too late to do a postnup.
Suggestion: Either you go for a prenup before marriage or a postnup after marriage, it’s good to consult an attorney in your state. Because they can guide you better as per the state’s law and your circumstances.
