Can I Form A Prenuptial Agreement after Marriage? What is a Postnuptial Agreement?

Prenuptial Agreement After Marriage

26 Jan Can I Form A Prenuptial Agreement after Marriage? What is a Postnuptial Agreement?

We receive a lot of questions from couples that are interested in hearing more information about Prenuptial Agreements. Sometimes, the couple forgets (or changes their mind) and would like to obtain a prenuptial agreement, but have already married. The question asked is “Can I form a prenuptial agreement after marriage?”. The answer is a qualified yes.

Can I Form A Prenuptial Agreement after Marriage?

A prenuptial agreement is, as its name suggests, formed prior to the wedding of the couple. However, while the couple could not “technically” create a prenuptial agreement after their wedding, they can still form a “Postnuptial Agreement” (also known as postmarital agreements).  Postnuptial are agreements are extremely similar to prenuptial agreements, with the exception that they are entered into by the parties after marriage, in that they each set forth the rights and obligations of each party in the event of death or divorce, and during the marriage.  The one caveat to postnuptial agreements that need be emphasized is that the postnuptial agreements cannot be used when a divorce is imminent. So, if you were married a few weeks ago and realize that you may have made a mistake and need a divorce, you would not want to form a postnuptial agreement, but rather a marital settlement agreement.

Free Prenuptial Agreement Consultations

If you have any questions regarding Prenuptial Agreements (or Postnuptial Agreements), feel free to give us a call for a Free Consultation at +1.786.309.8588.