Can You Get a Prenup After Marriage?

A prenup or prenuptial agreement is a legal document that couples sign before they get married. Deciding how assets, debts, and financial responsibilities will be divided in the event of divorce or separation can be challenging. This is where prenuptial agreements come in. Prenuptial agreements outline how assets, debts, and financial responsibilities will be handled in the event of a divorce or separation. If you got married without signing a prenuptial agreement, you might be wondering if it is possible to get a prenup after marriage.

So, can you get a prenup after marriage? Simply put, no. A prenup, as the name suggests, can only be signed before your nuptial services or wedding. However, a married couple can get a postnuptial agreement. A postnuptial agreement is very similar to a prenup. This agreement can address the same things that a prenup can. Read on to learn more.

Understanding Prenuptial Agreements

As mentioned, a prenup or prenuptial agreement is a legal document that couples sign before they get married. This agreement outlines how the couple’s assets, debts, and financial obligations will be handled if the marriage ends. A prenup can address several issues, including the distinction between separate and marital property, property division, alimony, business ownership, management of finances, and handling of debts acquired during and before the marriage. Prenuptial agreements can protect each spouse’s assets and clarify financial expectations. A prenup can reduce conflicts and uncertainties if the marriage ends.

For a prenup to be legally enforceable, it must meet certain requirements. First, both parties must enter into the agreement voluntarily. If a party is pressured or coerced into signing a prenup, the agreement is not legally enforceable. Second, both parties must fully disclose their assets, liabilities, and financial status. Third, for a prenuptial agreement to be legally enforceable, it must be fair and reasonable. Additionally, the document must be in writing and signed by both individuals.

Understanding Postnuptial Agreements

If you entered into marriage without getting a prenup, you have the option of getting a postnuptial agreement. Much like a prenuptial agreement, a postnuptial agreement specifies how assets, debts, and financial responsibilities will be handled if a marriage ends. Like a prenup, a postnup can address several issues, including property division, debt allocation, and alimony. Essentially, while a postnup is executed after marriage, it functions similarly to a prenup.

Just as it is with a prenup, several requirements must be met for a postnup to be legally enforceable. The following are the requirements that must be met for a postnup to be considered legally enforceable;

• Must be in writing and signed by both parties
• Must be entered into voluntarily by both parties
• Both parties must disclose all their assets, liabilities, and financial circumstances
• The agreement must be fair and reasonable

How Long After Marriage Can You Get a Postnup?

There is no time limit for getting a postnuptial agreement. You can get a postnup days, weeks, months, or even years after marriage. Often, couples decide to sign a prenup after significant life changes have happened, such as starting a business, acquiring new assets, or experiencing financial changes. The key is to ensure the agreement meets state requirements.

Contact Our Orlando Family Lawyers

If you need a prenup or postnup, our Orlando family lawyers at the Arwani Law Firm can provide personalized and comprehensive legal services. If you need a prenup or postnup, don’t hesitate to contact us.