Yikes! I Got Married and Forgot to Get a Prenup. Can I Get a Prenup After Marriage?

If you’re like most people, love is the only thing on your mind when you’re contemplating marriage. After all, who isn’t socialized to want a fairytale romance, lavish wedding, and honeymoon in an exotic locale? Prince/ss Charming never required an agreement waiving alimony and dividing assets, and since those Disney movies end before the divorce, we have no idea how costly being swept away by love can be.

And so, you did it. You got swept away only to realize that you actually do want some clarity around assets that you inherited or your unequal contribution to your marital estate. You’re wondering, “Can I get that prenuptial now that I am married?”

YES, in a Manner of Speaking!

In North Carolina, you can get an agreement after marriage. It’s called a postnuptial agreement. North Carolina, like most states, permits postnuptial agreements. And like most states, there are specific requirements and limitations.

Here are the key differences in prenuptial and postnuptial agreements in North Carolina. The relevant statutes are linked for your reading pleasure.

Prenuptial vs. Postnuptial Agreements

Prenuptial Agreements:

• Is drafted and signed before marriage. Ideally drafted and signed well before marriage so that you can disclose information about your finances, negotiate over the terms, and recover from any arguments that ensue from the negotiation before saying, “I do.”
• It can settle the division and ownership of personal or real property.
• Waiver of alimony and post-separation support or spousal support is possible.
• One attorney cannot ethically represent both parties. We recommend that both parties be represented.
• Has to be signed by both parties. It can be notarized, and there may be reasons you should sign in front of a notary.

Postnuptial Agreements:

• Is drafted and signed after marriage in the presence of a notary. That part is important. Contracts signed while married must be notarized in order to be enforceable. DIYers get into trouble here.
• It can settle the division and ownership of personal or real property.
• Waiver of alimony and post-separation support or spousal support is ONLY possible in a postnuptial if you are in a period of separation. Your attorney would likely refer to that postnuptial as a separation and property settlement agreement, which is a contract entered into after marriage. Mostly the same thing as a postnuptial, but with a less happy name.
• One attorney cannot ethically represent both parties. We recommend that both parties be represented.
• It must be notarized! All agreements between married spouses must be signed and properly notarized.

For both prenuptial and postnuptial agreements, there are additional documents that may need to be drafted and executed (lawyer word for signed) like:

• Deeds transferring title to real estate
• Wills making certain gifts
• Trusts established for predetermined purposes

As with All Things Legal, Consult a Lawyer

And nothing a lawyer writes is truly complete without a disclaimer: This blog isn’t legal advice—just information.
By: Milan Pham, February 2025