Can You Get A Prenup After Marriage?

Many people are familiar with prenuptial agreements (prenups) however are unaware of the options available to couples already married.

Postnuptial agreements offer protection and peace of mind to couples regarding their assets in the case of divorce or separation.

Experienced family law solicitors can help talk you through the options that are best for you.

What is a Prenup?

A prenuptial agreement is a written contract between two people before they are married. Typically, it includes all of the property that each person owns, along with their debts too, and specifies what each person will receive in case the marriage ends.

What is a Postnup?

A postnuptial agreement is very similar to a prenup. The biggest difference is that this contract is created and signed after the couple have already married. This document allows you to specify how your financial assets will be divided if you were to separate or divorce.

Both prenups and postnups can be amended/reviewed if any changes have occurred since they were created – E.g. Birth of a child.

Why Should You Get a Postnup?

Although asking for a postnup can feel uncomfortable and unromantic, it certainly has its benefits.

A postnup can help couples that are struggling with financial differences. By separating your finances, it can eliminate one of the main argument points in your relationship and helps towards more harmonious living.

Postnups also present an opportunity for change. Knowing that your assets will be safe can give people confidence to leave an unhappy marriage. Having a strong understanding of what will happen after separation can be comforting when going through that experience.

When both members of a couple agree, postnups can cushion your financial future. There is a mutual understanding that if something does happen that results in the end of the marriage, both parties will be protected.

What Does a Postnup Cover?

A postnup can cover a range of assets and liabilities Some of these include:

Division of property
Any agreements of spousal maintenance
Division of pension assets
Payment of current or future debts
Future inheritance
Arrangements for life insurance

How To Get a Postnup?

The first step in creating a postnup is to find strong legal representation and support. Experts in family law are the perfect candidates. Spouses must then consider all of their separate and shared assets and finances before determining what they would like to separate.

It is essential to be completely honest in these accounts as any incorrect or withheld information can result in the postnuptial contract being nullified. Even if you keep funds separate from your spouse, it is important that you inform them of these.

How Can Eatons Help?

Our team of solicitors have nearly 150 years of experience in family law and are proud to offer some of the best services in Yorkshire.