Can You Get a Prenup After Marriage?

April 28, 2023 O'Connor Family Law Prenuptial Agreements

You may have heard of prenups, also known as prenuptial agreements, as a part of the marriage process. With all this talk of premarital agreements, we often get people asking us “can you get a prenup after marriage?” and that’s what we’ll be talking about in this blog post. When they get engaged, many couples want to decide how their assets will be divided in the event of a divorce. But what a lot of people don’t realize is that you can draft a similar agreement at any point in the marriage.

Once a marriage has been established, this agreement will no longer be considered a prenup (which is drafted and approved prior to a marriage). It is instead called a postnuptial agreement, or postnup.

So the simple answer to the question: Can you sign a prenup after marriage is yes! It’s just called a postnup now because the marriage is already in effect.

While, of course, no one wants to get divorced and someone who is planning on getting divorced shouldn’t enter the marriage in the first place, life happens and sometimes a marriage doesn’t work out for a number of reasons. Prenups and postnups don’t mean that you expect to get divorced, rather, they are a safety mechanism designed to make the separation process less painful should that ever become a reality.

In Massachusetts where our firm is located, prenups and postnups must be reasonable and fair both at the time that they were created and at the time of separation in order to be upheld. That is why it’s so important to have an experienced team of prenup lawyers and family law attorneys on your side.

Here at O’Connor Family Law, we understand that unfortunately life rarely goes according to plan and we’re here to help you work through the confusion of marital agreements. You can call 774-703-3755 or click here to get in touch with our experienced team today. If you have any questions, don’t hesitate to reach out and we’ll help you to the best of our ability.