Can You Get a Prenup After Marriage?
www.brides.com

Can You Get a Prenup After Marriage?

No alt text provided for this image

Many people learn more about prenups after their wedding, and wonder whether they can enter into a prenup?after?marriage.

The short answer is no.?Prenuptial agreements must be completed?before?marriage.?However, Connecticut does allow spouses to enter into postnuptial agreements, or “postnups.”

Read on to learn more.

WHAT IS A POSTNUP?

In the most general terms, a postnuptial agreement is a contract between two spouses entered into?after?their wedding ceremony, anywhere from weeks to years later.

For many years, Connecticut courts found postnuptial agreements contrary to public policy in part because courts believed at that time postnups encouraged?divorce. But in the 2011 case?Bedrick v. Bedrick, Connecticut shifted its position on postnups and acknowledged that they can help:

  • Privately resolve marital conflicts
  • Protect third party interests, and
  • Address the spouses’ financial concerns.

Read:?What is a Postnup??Read:?What is a Prenup?

WHAT CAN A POSTNUP COVER?

Postnups are used to address many of the same issues as prenups.?They allow spouses to decide and determine what will happen to their finances at the end of their marriage — whether that marriage ends by death or by?divorce.?Today, we will focus on how postnups work in the divorce context.

This includes how to handle:

Read:?Alimony: the Comprehensive Connecticut Guide?Read:?Property Division: The Comprehensive Connecticut Guide

PRENUPS VS. POSTNUPS

A?prenup?allows future spouses to decide and determine what will happen to their finances at the end of their marriage — whether that marriage ends by death or by?divorce.?It is entered into?before?marriage.

A?postnup?is also a contract between two spouses entered into?after?their wedding — anywhere from weeks to years later.

To enter into a prenup you must be engaged — what Connecticut calls “prospective spouses?. . . contemplati[ng] marriage.”?To enter into a postnup you must be married.

Read:?Prenup vs. Postnup

Read:?The Real Reason Prenups Are Good

WHAT IS NOT COVERED BY A PRENUP OR A POSTNUP?

Generally speaking, the limitations of prenups apply to postnups.

Here are some of the main ones:

  • Prenups can’t decide child custody or child support.

If a marriage ends in divorce, the court will have the final word in matters of?child custody?and?child support.

  • Prenuptial agreements can’t encourage divorce.

Prenups should not encourage divorce in their language or structure.

  • It can’t promote unconscionable or illegal activities.

No surprise here.?As with most contracts, your prenuptial agreement cannot include anything illegal.?And, if circumstances change and what you decided in your prenup or postnup would no longer be conscionable at the time of divorce, the court won’t enforce it.

Read:?Do Prenups Work?

NEXT STEPS

To start making a plan for your prenup or postnup,?reach out.??Our first step at Freed Marcroft, the?Goals & Planning Conference, is designed to unveil your true goals.?We analyze those goals and present you with recommendations and options to move forward.

Schedule your Goals & Planning Conference?today, or contact us either?here?or by phone.

Jacinta Gallant

Innovative Lawyer, Mediator, Educator, Author

1 年

It’s so helpful to approach these discussions without focussing on the demise of the marriage. I like how you explain it “whether it ends by death or divorce”.

回复

要查看或添加评论,请登录

Meghan Freed的更多文章

  • Discussing Divorce With Your Spouse

    Discussing Divorce With Your Spouse

    It’s extremely sensitive and challenging to tell your spouse that you’ve made the decision to divorce. Clear…

    3 条评论
  • When Should You Hire a Divorce Attorney?

    When Should You Hire a Divorce Attorney?

    “When should you hire a divorce attorney?” Though many people associate divorce lawyers with the actual legal…

    1 条评论
  • Don't Mistake Truth For Weakness; It's Strength

    Don't Mistake Truth For Weakness; It's Strength

    Here’s what you want that you may not know you want. You want a lawyer with the courage to tell it to you like it is…

    4 条评论
  • Control & Divorce

    Control & Divorce

    It’s common to experience a feeling of loss of control of the situation during a divorce. And, when something bad…

  • Should I Bring a Friend or Relative to my Meeting with my Divorce Attorney?

    Should I Bring a Friend or Relative to my Meeting with my Divorce Attorney?

    Some people wonder whether they should ask their divorce attorney whether they can bring a family member or friend to…

  • When Reality Doesn't Match Up With Your Vision

    When Reality Doesn't Match Up With Your Vision

    At Freed Marcroft, we spend a lot of time encouraging our clients to figure out their goals. If you could wave a magic…

  • Are Divorce Records Public in Connecticut?

    Are Divorce Records Public in Connecticut?

    For many people, privacy — for themself, their spouse, and their children — is a priority during and following a…

    1 条评论
  • Confidentiality Agreements & Divorce

    Confidentiality Agreements & Divorce

    When executives, entrepreneurs, and other high net worth or publically-known people divorce, their matters require more…

  • How Do I Protect My Privacy During a Divorce?

    How Do I Protect My Privacy During a Divorce?

    In our article “Are Divorce Records Public in Connecticut?” we learned that generally speaking, divorce filings and…

    1 条评论
  • Effective Communication With Your Legal Team & Scheduled Calls

    Effective Communication With Your Legal Team & Scheduled Calls

    One of the most — if not the most — important keys to a successful working relationship between an attorney and a…

社区洞察

其他会员也浏览了