Didn’t get a prenuptial agreement? A postnuptial agreement could help

On Behalf of | Jul 8, 2022 | Prenuptial Agreements

If you got married but didn’t talk about a prenuptial agreement before you said your “I do’s,” you might be wondering if you should have. If you’re feeling that way, one of the options that you may be able to use to rest easier is a postnuptial agreement.

A postnuptial agreement is similar to another legal document, a prenuptial agreement, except that you sign it after you’ve gotten married. A postnuptial agreement can be used in many situations, such as if:

  • You or your spouse come into significant money and want to protect it.
  • You have children and need to agree to how you’ll raise them or what happens if you divorce.
  • You or your spouse get a high-paying job and want to be sure you’re protected.

These and other reasons make it a good idea to get a postnuptial agreement.

What do you need to do to get a postnuptial agreement in California?

Postnuptial agreements are relatively straightforward in terms of what it takes to set them up. Initially, you will need to set up the agreement in writing, and both of you should have an attorney review it.

You’ll both be expected to sign the agreement and have it notarized.

Are there any times when postnuptial agreements may not stand up in court?

Yes. If your postnuptial agreement is extremely one-sided, you may find that a judge is not happy about keeping it as it is in the future. Some or all of the post-nuptial agreement could be thrown out if it’s not fair.

To help minimize the risk of that happening, it’s important to give yourself or your spouse plenty of time to get the agreement to the attorney and review it yourselves. If you need to negotiate, do that.

Once you’re both happy with the agreement, sign it. This will make sure it’s as balanced as possible and that both attorneys feel that it is legally binding at the time.

A postnuptial agreement could help protect your interests

Whether you think a divorce is possible or not, a postnuptial agreement can be a good legal tool to use to protect your interests. The right agreement can make sure you understand what to expect in your marriage as well as if you divorce.