Can a Prenup Be Signed After a Marriage?
While prenuptial agreements are typically signed before marriage, many couples wonder if it’s possible to create a similar legal arrangement after tying the knot. In California, the answer is yes, but the document takes on a different name: a postnuptial agreement. Understanding the distinctions and implications of a postnup can help couples make informed decisions about their financial future.
Answering The Question: Can a Prenup Be Signed After a Marriage?
What Is a Postnuptial Agreement?
A postnuptial agreement is a legal document signed by spouses after marriage. Like a prenup, it outlines the division of assets, debts, and financial responsibilities in the event of a divorce or separation. However, postnups face stricter scrutiny in California courts because they are signed after the legal obligations of marriage are already in place.
How Does It Work in California?
- Voluntary and Transparent
A postnuptial agreement must be entered into voluntarily. Both parties are required to disclose their financial circumstances fully to ensure fairness. - Differences from Prenups
Unlike prenuptial agreements, postnups are viewed skeptically by courts due to the potential for coercion or undue influence within the marital relationship. For this reason, the agreement must be especially clear and equitable to be enforceable. - Common Uses
Postnups are often created for reasons such as: - Addressing financial disputes that arise during the marriage.
- Revising the terms of an existing prenup.
- Protecting a business or inheritance acquired after marriage.
How Ewing Mediation & Family Law Can Help
At Ewing Mediation and Family Law, we help California couples navigate the complexities of postnuptial agreements. Our team ensures your postnup is:
- Legally enforceable under California’s rigorous standards.
- Tailored to your unique needs and circumstances.
- Drafted with fairness and transparency to protect your interests.
Whether you’re considering a postnup for financial clarity or to protect newly acquired assets, our three decades of experience in family law and mediation can help you achieve peace of mind. Contact us today to schedule a consultation.
Contact Ewing Mediation & Family Law Today For A Prenup Agreement In Torrance, California
Whether you’re planning a marriage or already married, Ewing Mediation & Family Law is here to help you protect your financial future. Our experienced team can assist you in drafting a prenuptial or postnuptial agreement that meets California’s legal standards and addresses your unique needs. With our guidance, you can ensure clarity, fairness, and peace of mind in your marital relationship. Contact us today to schedule a consultation and learn more about how we can help with your prenuptial or postnuptial agreement. At Ewing Mediation & Family Law, we’re committed to providing personalized, professional legal services to residents of Torrance, California. Let us help you build a solid foundation for your financial future and your marriage.