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 has married. This document allows both parties to specify how to divide financial assets and property in the event of a divorce.

Unlike a prenup, it is possible to change a postnup if changes occurred after it was initially put in place – 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. It can help couples who are struggling with financial differences. Separating finances eliminates one of the couples' main points of argument.

Postnups also present an opportunity for change. It can give people the confidence they need to leave an unhappy marriage because they will have a strong understanding of what will happen after separation. Therefore, acting as a safety net if the couple goes through tough times in their relationship. It can also allow you to protect assets and or property that you wish to retain after a marriage breakdown to pass on to your children.

Once the couple agree on a postnup, it secures their financial future. There is a mutual understanding that if the marriage ends, both parties are protected.

What Does a Postnup Cover?

As is the case of a prenuptial agreement, a postnup covers 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. Family law experts are the perfect candidates. Spouses must then consider all their separate and shared assets and finances before determining what they would like to separate.

When drawing up a postnup, honesty and transparency are key. Any incorrect or undisclosed information can result in the contract being nullified. Therefore, even if both parties keep separate funds, they must inform each other 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.