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Can you still create a prenup after marriage?

On Behalf of | Sep 14, 2021 | Property Division |

Prenuptial agreements have been common for the past couple of decades. That doesn’t mean that they’re without controversy, though. Sometimes, Florida residents think that prenups represent a cynical attitude toward the institution of marriage. The counterpoint to this belief is that they’re realistic and may allow couples to work through common pain points before entering a serious contract. Today, postnups are becoming more popular. These agreements are entered into after marriage but basically function the same as a prenup.

What is a postnup?

Postnuptial agreements are similar to prenuptial agreements in many ways. They both outline the way that couples would divide their assets in case they divorce. Like prenups, postnups can only be used to divide assets, not determine child custody, support or visitation.

Who uses a postnup?

Couples may decide to create a postnup for several reasons. Sometimes, they intended to sign a prenup, but that process was postponed until after the wedding. At other times, a couple in a troubled marriage may create a postnup as part of the process to try to salvage the relationship.

Postnups can also be useful for people in long-term marriages, especially second or third marriages. For example, if one spouse inherits something from a family member, he or she may want to preserve that asset for his or her adult child and not his or her spouse. Spelling this out in a postnup can make any potential divorce and the dividing of assets less complicated.

Are postnups enforceable?

Postnups are not always enforced in the courts. In this way, they’re different from prenups, which are usually considered valid and enforceable. Generally speaking, a marital estate is considered to be created upon marriage. Treating assets as the property of an individual, not a couple, can be complicated after a wedding.

Couples who are interested in a postnup should carefully consider what they want that agreement to do for them. Is it an attempt to save a marriage that’s been steadily failing? Putting together a postnup with reasonable expectations may be key to creating a valid and enforceable agreement.

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