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If a couple doesn’t sign a prenuptial agreement before they get married, they can sign a postnuptial agreement at any point in their marriage. A postnuptial agreement functions similarly to a prenup: It spells out how the couple’s assets and finances will be divided in the event of a divorce. A postnuptial agreement can be beneficial for those who want to protect their financial assets.

When should a couple sign a postnuptial agreement?

A couple might sign a postnuptial agreement if their marriage has conflicts and they feel that a divorce is imminent. They might also sign an agreement if one of the partners has been unfaithful and wants to make a show of loyalty and cooperation to their spouse. Additionally, a couple might sign a prenuptial or postnuptial agreement if one of the partners leaves the workforce and wants to be financially secure in the case of divorce.

Is a postnuptial agreement the same as a prenuptial agreement?

While they have their similarities, a prenuptial agreement is still preferable to a postnuptial agreement. Unlike a prenup, a postnuptial agreement isn’t always enforced. Additionally, it can be difficult for a person to convince their spouse to sign an agreement while they’re already married, especially if they’ve been experiencing marital troubles. A postnuptial agreement can be an important document, but most experts agree that prenups are preferable.

How to get assistance with negotiating a postnuptial agreement

If an individual decides to negotiate a postnuptial agreement with their spouse, they might find it beneficial to speak with a family law attorney. The attorney may help them draft and negotiate an agreement with their spouse. The document might include division of finances, properties, investments and other assets as well as make sure their inheritance gets passed along to their children.