We are happily married but is it too late for a prenup?

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So you’ve already said your “I do’s,” but you’re wondering if it’s too late to sign a prenuptial agreement. It’s never too late. As you accumulate assets in your marriage, start your own business or learned of family inheritance, it is not unusual for married couples to consider a postnuptial agreement, which is essentially a prenup for already-wed couples.

Similar to a prenuptial agreement, a postnuptial agreement can provide an outline for how a couple’s assets and debts will be divided in the event of a divorce. A postnup can also provide terms regarding spousal and child support, as well as any other marriage clauses that can be found in a prenup. Already-wed couples can also use a postnuptial agreement to modify the terms of a prenup.

Postnups are not just for newlyweds either. Couples at any stage in their marriage may be interested in creating a postnup for various reasons.

One of the most common reasons for seeking a postnup is to hold a spouse accountable for marital misconduct, such as an affair. Another common use for a postnup is to ensure that children from previous relationships receive assets as intended upon the death of the parent.

A postnuptial agreement must follow specific standards to be binding in a Massachusetts court. A knowledgeable attorney can help ensure your postnup is valid and enforceable.

If you are considering a prenuptial or postnuptial agreement, contact our office today to learn how we can help.

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