Can You Get a Prenup After Marriage?

After tying the knot, couples often start to think about their future in a new light. When considering how marriage (or divorce) may impact their financial security, they may wonder, “Can you get a prenup after marriage?” The answer is no, because a prenuptial agreement must be executed before you’re legally married. However, the same security can be achieved through a postnuptial agreement in New Jersey.

At Sarno da Costa D’Aniello Maceri Webb LLC, our dedicated family law attorneys can help you craft this document and understand how it works. Led by Angelo Sarno, our dedicated, compassionate family law team has a proven record of success helping families and individuals in New Jersey resolve matters like divorce, child custody, and more. Here, we talk about how an experienced New Jersey postnuptial agreement attorney can help you and your partner preserve your financial future and provide a sense of empowerment and security.

What Is a Prenup?

Formally called a prenuptial agreement, a prenup is a contract entered into by two people before they marry. Its primary purpose is to clearly define the financial and property rights of each spouse should the marriage end in death or divorce. This allows couples to decide how their assets, debts, and potential future support obligations will be handled. A prenup typically covers issues such as property division, alimony, debt, and other financial matters.

A prenuptial agreement can provide a clear financial roadmap for the future and give couples peace of mind. It’s a valuable legal tool that can protect your interests, whether you own a business, have substantial assets, or want to ensure your children from a previous relationship are well taken care of after your passing.

Postnuptial Agreements: Providing Financial Security After the Wedding

While you cannot create a prenup after marriage, a postnuptial agreement serves a similar purpose and is entered into by spouses who are already married. In New Jersey, both prenuptial and postnuptial agreements are recognized by the court and are becoming increasingly common. However, it’s vital to ensure any contract you create is legally sound, so you don’t run into roadblocks if you ever need to use it.

Why Couples Seek Postnuptial Agreements

A couple considering a postnup is usually in a stable marriage with no intentions of splitting up. Typically, they seek a postnuptial agreement when a significant change occurs in their marital life or financial status. This may include:

A financial windfall, such as an inheritance, gift or winning the lottery.
Starting a business— If one spouse decides to start a new business, a postnup can specify that business assets are separate from marital assets. It can also protect the other spouse’s assets from business creditors.
Income changes— A substantial increase or decrease in either spouse’s earnings or a major career shift, such as becoming a stay-at-home parent, can have a significant financial impact if a couple divorces. A postnup offers protection to both parties and helps to ensure fair property division and alimony in a divorce.
Clarifying ownership of existing assets— A postnuptial agreement can also cement ownership of individual property, such as real estate or vehicles obtained before marriage.

Each case is unique. Our family law attorneys can take a comprehensive look at your assets and finances and advise you on what to include in your postnuptial agreement. Our team is also skilled in complex business valuation and can accurately calculate the true worth of your business, if applicable.

The Critical Role of a Family Law Attorney

Whether you want to prepare a prenuptial agreement or need a postnuptial agreement drafted in New Jersey, seeking the counsel of an experienced family law attorney isn’t just recommended, it’s essential. New Jersey courts have strict legal requirements for these kinds of contracts, especially when it comes to equitable distribution and ensuring the agreement is fair to both parties. Failure to meet legal standards can result in the entire contract being thrown out by a court.

How a Family Law Attorney Can Help

Enforceability – For a prenup or postnup to be valid in New Jersey, it must meet certain criteria, such as being entered into voluntarily and full and fair disclosure of all financial assets and debts. Our seasoned family law attorneys ensure all legal standards are met so your contract will hold up to the scrutiny of the court.
Protecting your rights – Ideally, each spouse should retain their own lawyer when creating these contracts. Having a dedicated New Jersey prenuptial agreement attorney to safeguard your rights and advocate for you helps to ensure your best interests are kept a priority.
Clarity and attention to detail – Our family lawyers draft prenups and postnups using precise legal language to ensure nothing is ambiguous. This can prevent future disputes over interpretation of the contract’s terms. They also ensure all assets and foreseeable circumstances are included.
Full financial disclosure – Your postnuptial agreement attorney can also assist in gathering and verifying all required financial documentation. This is a critical component for legal veracity, and may include evidence of income, assets, and debts.

Evidence may include:

Tax returns
Paystubs
Bonuses
Employment contracts
Real estate
Vehicles
Bank accounts
Retirement accounts
Stocks
Investment income
Business interests
Auto loans
Credit card balances
Mortgages
Student loans

Exceptional Family Law Representation in New Jersey

Angelo and our family law team are committed to providing extraordinary legal counsel you can trust. With decades of experience in the law and a reputation for tenacity, compassion, and commitment, we guide clients through the sensitive process of drafting marital agreements. Our postnuptial agreement lawyers ensure your final document is balanced, fair, and legally sound. You can trust our dedicated team to handle this important legal process with professionalism and care.

Schedule a Consultation with a Family Law Attorney Near You in New Jersey

To discuss how a postnuptial agreement can protect your assets and provide financial security in your marriage, contact us or call 973-274-5200 to schedule a consultation with a prenuptial agreement attorney in New Jersey. Sarno da Costa D’Aniello Maceri Webb LLC offers several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.

Can You Get a Prenup After Marriage in New Jersey?