Dear Attorneys,
My spouse and I have been married for several years, and recently we started talking about putting some agreements in writing regarding our finances and property. We didn’t sign a prenuptial agreement before we got married. Is it too late? Can married couples create an agreement after the wedding?
— Signed, Better Late Than Never
Dear Better Late Than Never,
It is not too late! While many people are familiar with prenuptial agreements, fewer realize that married couples can also enter into a postnuptial agreement, often called a “post-nup.”
A postnuptial agreement is a written contract entered into after a couple is already married. Much like a prenuptial agreement, it can address how certain assets, debts, businesses, inheritances, and/or other financial matters will be handled if the marriage ends in divorce.
There are many reasons couples choose to create a postnuptial agreement. Sometimes one spouse starts a business and wants to clarify ownership interests. Other times, one spouse receives an inheritance, a family gift, or acquires significant assets after the marriage. Some couples simply want to establish clear expectations and reduce uncertainty about financial matters moving forward.
Contrary to popular belief, postnuptial agreements are not just for couples experiencing problems. In fact, many happily married couples use them as part of a broader financial planning strategy. Having difficult conversations about finances now can often prevent misunderstandings later.
That said, a postnuptial agreement is not simply a document you download online and sign at the kitchen table. If either party ever decides to file for divorce, the post-nup needs to be filed with the dissolution complaint, and it is ultimately up to the court if the post-nup (or even a pre-nup) is enforceable. To be enforceable, both parties must fully disclose their financial circumstances, enter into the agreement voluntarily, and have adequate time to review its terms. Independent legal counsel for each spouse is strongly recommended.
In Connecticut, courts generally look at whether the agreement was fair when it was signed, and whether enforcing it would be unconscionable at the time it is being challenged. An agreement that appears one-sided, was signed under pressure, or was created without full financial disclosure may face significant hurdles if later contested.
It’s also important to understand what a postnuptial agreement cannot do. For example, parents cannot predetermine child support or custody arrangements for future children through a post-nup. Those issues must be decided based on the child’s best interests at the time a dispute arises. A post-nup is also not a contract by which your marriage can or should operate. It only comes into play if you ultimately dissolve your marriage.
Whether you are protecting a family business, preserving an inheritance, addressing financial concerns after a major life change, or simply looking for peace of mind, a properly drafted postnuptial agreement can be a valuable tool.
As with most legal documents, the goal is not to plan for failure. Rather, it’s to create clarity and certainty so both parties can move forward with confidence. If you think a postnuptial agreement would be helpful to you and your spouse, call Wolf & Shore Law Group at 203.745.3151 to schedule a virtual consultation today. Ever Argue with a Woman?
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
