If I am Already Married, is it Too Late for a Prenuptial Agreement?

 Posted on July 13, 2023 in Family Law

Many engaged couples feel that prenuptial agreements are unromantic. It can certainly feel less-than-hopeful when you and the person you are about to marry must discuss who keeps what in the event that you divorce later. During your engagement, you were likely focused on the details of your wedding and your dream of living happily ever after with your soon-to-be spouse. Once you are married, you may begin to think about whether you should have made a prenuptial agreement. Many married people believe that they have missed their chance to reach an agreement governing important issues. Fortunately, it is not too late to create what is called a postnuptial agreement. Both you and your spouse should be represented by an attorney when you begin the process of creating a postnuptial agreement. 

Why Should My Spouse and I Make a Postnuptial Agreement? 

A postnuptial agreement is not a harbinger of divorce. Rather, it may be a good sign for your marriage if you and your spouse are able to communicate and compromise effectively enough to reach an agreement you are both willing to sign. There are many practical reasons why even the happiest of couples should have an agreement in place. Postnuptial agreements cover much more than the possibility of divorce. You can use your postnuptial agreement to require each other to maintain an estate plan naming each other as the primary beneficiary so that you are protected if only death can part you.

Further, no one can predict the future. You know who your spouse is now, but people may change over time and in response to different conditions and events. There is always the possibility that over the years, your spouse will change as a person. For example, your spouse could suffer an injury and become addicted to pain medicine, causing them to destroy your marital finances. Or you may simply drift apart over time, developing different interests, political opinions, or worldviews. It is important to ensure that you are protected no matter what the future may hold. 

You should also note that in some cases, postnuptial agreements are more sound than prenuptial agreements. When a prenuptial agreement is drafted by one party and signed very close to the date of the wedding, the spouse who was confronted and asked to sign may be able to argue that they were coerced. This element of potential coercion right before a wedding is non-existent when a postnuptial agreement is used. 

Contact a DuPage County Postnuptial Agreement Lawyer 

If you and your spouse are considering forming a postnuptial agreement, Goostree Law Group can help. Our caring team of Wheaton postnuptial agreement attorneys will strive to help you create a contract that protects you well. For a free consultation, contact us at 630-364-4046. 

Source: 

https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-503/