Those who value independence for themselves and their partners or those who have significant assets they wish to protect tend to suggest signing a prenuptial agreement prior to marriage. This type of marital contract can, for example, keep a business intact in the event of divorce, but signing a postnuptial agreement after marriage can accomplish similar results.
You might wonder, however, if it is too late to get a postnuptial agreement if divorce is already on the table. When a split seems imminent, it is important to understand the steps you can go through to arrive at a mutually beneficial marital agreement that will bring about a fair outcome for you and your soon-to-be ex-spouse.
When is it too late to sign a postnuptial agreement?
In actuality, it is never too late to arrive at a separation agreement until a divorce becomes final. Many divorcing couples choose to undergo mediation as part of the formal divorce process to arrive at a form of postnuptial agreement that will outline the division of their shared assets. If your relationship becomes contentious, however, it may be too late to get a postnup from the point of view that your spouse might be unwilling to cooperate.
How should you bring up the topic of a postnuptial agreement?
Bringing up the topic of a postnuptial agreement can be a sensitive process, regardless of whether your relationship is healthy or heading toward divorce. One method for delicately discussing the topic of signing a postnuptial agreement is to emphasize how both sides stand to benefit from establishing a mutually-beneficial contract.
As long as you are still part of a marriage, it is never too late to get a postnuptial agreement. Collaborating toward an agreement with your spouse can be difficult, however, depending on the state of your relationship.