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What should I do if I’m already married and don’t have a prenup?

On Behalf of | Jun 24, 2021 | Uncategorized

You may have heard that some couples enter into prenuptial agreements before getting married to make property division and other issues easier if they ever get divorced. However, prenuptial agreements can be a point of contention for many couples. As a result, some couples decide to forego the prenup, only to later realize that they want one after all. Fortunately, married Texas couples that do not have a prenup in place can still sign a postnuptial agreement during their marriage to protect their individual assets if they divorce.

Prenups v. postnups

Postnups generally serve the same purpose a prenup, as they allow couples to address how the couple’s assets will be distributed in the event of a divorce, whether spousal support will be paid, and income and retirement benefits, and set guidelines for the marriage. However, there are also some key differences.

The main difference between prenups and postnups is that prenups are signed before the marriage while a postnup is signed after the couple is already married. Many experts say that a prenup may be easier to enforce if one party decides to dispute the agreement once the marriage is over. This is because prenups are generally created when each person has their own individual assets, but no marital assets. Once a couple is married, some of their assets mix together and automatically become marital property, making coercion more likely with a postnup.

However, postnups can be a great tool for couples that are struggling within their marriage to get both parties to commit more strongly to working out their marital issues, while taking pressure off of the relationship. The postnup can also make things much easier if the parties do eventually end up getting divorced.

Making an informed decision

Prenups and postnups can simplify the divorce process, particularly for couples with sizeable estates. A family law attorney can help you decide if a prenup or postnup is right for you.