When Does It Become Too Late to Have a Post Nup Created?

Jul 28, 2020

Prior to getting married, many couples have decided to create a prenuptial agreement, which states how property and other assets will be divided should they later divorce. While these agreements are somewhat common, many couples fail to realize they can also create a postnuptial agreement if they so desire. However, if a couple is already married and has no agreement in place, they may believe it is too late to do so. To learn whether this is true or not, it is vital you consult with family attorneys in Brooklyn at the Levitsky Law Firm.

It’s Never Too Late
When it comes to postnuptial agreements, the good news for couples is that it is never too late to have a postnuptial agreement for their marriage. In fact, it makes no difference whether you have been married for a few weeks or 50 years. So long as both spouses agree the document is necessary and have full understanding of its terms upon signing, the postnuptial agreement will be a valid legal document.

Why Have a Postnuptial Agreement?
As to why such a document is needed, there are several reasons. The most common include clearly defining each spouse’s wishes, ensuring children from previous marriages inherit various assets, and having financial details laid out should the couple be considering a separation or divorce.

What Makes a Postnup Invalid?
When couples have a postnup in place, that may not necessarily mean the agreement is valid. In fact, if one spouse can prove they were forced to sign it under duress, did not understand its terms and conditions, or that it contains unrealistic expectations or false information, a court could invalidate it immediately.

Should you be considering a postnuptial agreement between you and your spouse or have questions concerning an existing agreement, schedule a consultation with family attorneys in Brooklyn at the Levitsky Law Firm.