Can I do a pre-nuptual agreement after I get married?

I want to buy a house with my future husband and I need his financial support to get the loan but I don’t want his ex-wife coming after us for backed up child support. I just want to know that after I marry him in 4 days, that I have some grace period to do some sort of pre-nuptual agreement; I at least my part of the house that we buy (my inheridence) cannot be jepordized by the ex-wife who will be trying to get backed up child support by him. Of course I will do some sort of pre-nuptual agreement after we get married but before we purchase a house together.

Asked on July 22, 2012 under Family Law, California


Brad Micklin / The Micklin Law Group

Answered 8 years ago | Contributor

Yes you can but is not called a prenup. It is, as you might assume, called a post-nuptial agreement, also referred to as a mid-marriage agreement. The purpose and issues discussed in a post nuptial or mid-marriage agreement are similar to those of a prenup.

I think these agreements are better because they have less duress than a prenuptial agreement. One of the main reasons a prenuptial agreement is invalidated is because it is found that the other party signed it under duress because imitations are sent and monies are spent on the wedding. A postnuptial is not have discourse of effect and, I believe, is stronger.

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