Providing Divorce Mediation Services Throughout California
Providing Divorce Mediation Services Throughout California
Dina Haddad and her team provide expert mediation services for Californians. If you want help related to any family law issue, call us or book a consult.
Yes, it is very possible to get a prenup after marriage, but based on definition, this will be called a “Postnuptial agreement”.
A Prenuptial Agreement is an agreement made prior to marriage to protect a couple from potential financial losses upon divorce; whereas, a Postnuptial Agreement is an agreement made AFTER you are married.
In either case, they serve to define what is expected of each party during their marriage as well as the terms of the marriage after divorce.
Therefore, if you were unable to obtain a Prenuptial Agreement prior to your wedding, it is perfectly acceptable to prepare a Postnuptial Agreement to protect your finances and specify what should occur should you divorce.
To learn how you can mediate your postnuptial agreement, schedule a free consultation phone call with California postnuptial agreement attorney-mediators and experts so we can direct you towards the best course of action.
A postnuptial agreement is a legally binding contract that both you and your partner sign after the marriage. The goal of this document is to clarify expectations and responsibilities regarding income, debt, and assets.
A Postnuptial Agreement is an agreement that covers all aspects of your marriage (financial, non-financial, etc.) and states how you both want things to be in the event that one of you dies or you get divorced.
For example, you may decide that if you get divorced, who gets to keep the house, who gets to keep what properties/assets, and/or if you pay each other spousal support, etc.
The only thing that really matters when it comes to enforcing an agreement is that each party agrees to it freely, without duress, fear, or pressure after full financial disclosure. Typically, a postnup will include the following:
For the contract to be fair and legally binding, the postnup agreement cannot include:
But what’s the major difference between a prenup and a postnup if both can protect assets and dictate financial responsibility? For a prenup, scrutiny is lower, allowing you to define which assets stay separate and which are communal.
For a postnup, you can divide current marital property and also address changes made during the marriage. The disclosure requirement is higher in a postnuptial agreement. Neither agreement have power over child custody or child support arrangements.
While you can’t get a prenuptial agreement anymore after your marriage, you can still address core financial topics like debt and property division with a postnup.
Sometimes, setting this agreement after the marriage can be better than before due to a lot of factors. Some of the reasons you should get a postnuptial agreement over a prenup include:
Money makes the world go around, and it’s never stable. Sometimes, you can get a major promotion, change careers, or inherit a large amount of money. Even one spouse might stop working due to medical issues or to raise the kids.
Irrespective of the reason, a postnup can address these unforeseen changes better than a prenup. You can protect yourself against a partner’s growing debt or reckless spending habits, or properly handle pension division or life insurance obligations with both parties being fully in support of the decision.
Starting a successful business takes time and dedication, which you’d want to protect from a divorce or your spouse’s influence. With a postnup, you can declare the business a separate property in your marriage, which will save it from future liquidation and even clarify what happens to it if you eventually pass away.
If you wish to have complete control and ownership of items such as your inheritance, pension, investments, etc. (assets that are yours before or acquired during marriage), a postnuptial agreement will be helpful.
In addition, you may indicate which personal properties include debt, how you protect your family’s wealth, and prevent your debt from affecting your spouse.
Even if you did sign a prenup, you aren’t forever trapped in the terms of that agreement. A postnup can override outdated terms, adjust to more recent conditions, and protect your financial interests effectively. What matters is that your spouse agrees to the conditions and that they are consistent with California family law.
A common misconception about prenups and even postnups is that you’re planning for a divorce. In reality, establishing expectations and obligations for the relationship ahead actually indicated honesty and a desire to avoid conflict on core financial issues. This can help build trust and remove stress, which can strengthen your bond as time progresses.
You don’t need to have signed a prenuptial agreement to have a postnuptial agreement. This is based on California Family Code §§ 1500–1502, which says spouses can enter a written contract about property rights as long as the agreement is consistent with California contract rules and fiduciary duties.
For the contract to be legally binding, the first most important step is full financial disclosure. Secondly, the agreement must be fair and consensual (not one-sided or forced).
When executed properly, this document can dictate debt allocation, property division, and spousal support.
There’s no limit on when you can get a postnuptial agreement. You can make and sign one a few months or years into the marriage. What matters is that both of you agree to the terms specified in the document after full financial disclosure.
You may not need a lawyer to develop a postnuptial agreement; however, a lawyer would be a good idea in order to ensure compliance with California family and contract law.
The biggest issue with developing a postnuptial agreement by yourself is deciding upon specifics of how you will manage money. That is why so many couples opt to use mediation to assist them in negotiating the terms of their postnuptial agreement in a peaceful manner.
Dina Haddad is no exception as most mediators are familiar with California family law and can facilitate mediation in a way that is both reasonable and compliant with state law.
Can you get a prenup after marriage? Technically, yes, but this is called a postnuptial agreement. It achieves the same goal as a prenup, which is to dictate financial expectations in your marriage.
You can also sign a postnuptial agreement anytime in your marriage, whether it’s just a few months or a few years old. The main focus is that it meets California legal standards and that both parties sign willingly.
Keep in mind that you don’t need a lawyer for this document, but agreeing on terms can be tricky. For help drafting your postnuptial agreement in a legal and amicable manner, consider mediation. Schedule a free consultation with Families First Mediation today!
Yes, prenups are legally enforceable in California. However, they must be legally compliant and voluntarily signed by both parties, not by coercion. Also, agreement terms must be fair; one-sided policies will be rejected for violating public policy.
A prenup is valid as long as you and your partner stay married. Naturally, it can be revoked if you change your mind or can be modified with a postnuptial agreement if circumstances change.
A postnup provides the same level of protection and allocation as a prenup. The only difference is the time it is implemented (after a marriage). However, it’s worth mentioning that since a postnup is signed after a marriage, courts review the terms more carefully than a prenup to spot unfairness or illegal policies.
Neither agreement is better than the other since they both achieve the same goal. What matters is the state of the relationship. If you are already married, you will need a postnuptial agreement, but if you are not yet married, a prenuptial agreement is a more appropriate legal tool.
