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Is it possible to get a prenuptial agreement after marriage?

On Behalf of | Feb 23, 2022 | Prenuptial Agreements

Although couples who get married in Texas expect to live happily ever after, that often is not the case. Things happen, which can lead to divorce later. Many couples choose to enter into a prenuptial agreement for that very reason. However, if you’re already married, you might wonder if you can still get a prenup.

Can you get a prenup after marriage?

Once you have already gotten married, you cannot enter into a prenuptial agreement. Prenups are official legal documents between engaged couples. However, if you are already married and want to protect your assets and property, there is still a good option available to you.

What is a postnuptial agreement?

A postnuptial agreement is similar to a prenup but is an agreement that couples who are already married can have drawn up. The purpose of a postnup is similar to that of a prenup. However, it’s slightly different as it outlines how property and assets are divided and what happens with the children if the couple ultimates gets a divorce. Often, postnuptial agreements also state certain responsibilities of the spouses throughout the marriage. It can also mention certain provisions such as support if one spouse dies while the couple is still married.

Do you need a postnuptial agreement?

Many couples might come to the conclusion that they should have a postnup created at some point during their marriage. It’s a good legal document to have if there are any qualms or confusion about finances in the marriage.

Postnuptial agreements are helpful when you are in a second or third marriage if you have children from a prior relationship. You can protect certain assets and property to leave to those children if you divorce or die before your spouse. They can also help you retain property from an inheritance that was left only to you.

A postnuptial agreement is a good idea for many married couples. If you didn’t get a prenup, it might be right for you.