The Postnup Process: How It Actually Works

Christina Previte,
5 min
August 25, 2025
Step 1: Initial Consultation We'll discuss your goals, review your financial situation, and determine whether a postnup makes sense for your circumstances.
Step 2: Financial Disclosure Both spouses must provide complete information about their assets, debts, income, and financial obligations. No hiding anything – full transparency is required.
Step 3: Negotiation and Drafting We'll work with you to create an agreement that protects your interests while being fair to both parties. Your spouse should have their own attorney to review the terms.
Step 4: Review and Execution Both parties review the final agreement with their attorneys, make any necessary changes, and sign the document with proper legal formalities.
What a Postnup Can and Can't Do
What it CAN do:
Protect separate property and define marital property
Establish terms for property division in divorce
Address spousal support obligations
Protect business interests
Keep certain debts separate
Define financial responsibilities during marriage
What it CAN'T do:
Determine child custody or child support (courts always retain jurisdiction over child-related issues)
Include terms that violate public policy
Be unconscionably unfair to one party
Waive rights to basic necessities or support during marriage
The Cost-Benefit Analysis
Our postnuptial agreement package costs $2,500 and includes strategic consultation, custom drafting, and legal review. Compare that to what you could lose without proper protection:
Half of your business value
Half of your inheritance
Responsibility for your spouse's debts
Years of expensive litigation over property division
Uncertainty about your financial future
When you look at it that way, $2,500 is a bargain for peace of mind and financial protection.
Timing Matters: When to Create Your Postnup
The best time to create a postnup is when your marriage is stable and you can have calm, rational discussions about finances. Don't wait until you're already having problems or facing divorce.
Good times to consider a postnup:
When your financial situation changes significantly
Before starting a new business
After receiving an inheritance
When one spouse's career takes off
Before supporting aging parents
When you realize you should have gotten a prenup years ago
Common Myths About Postnups
Myth: Postnups are harder to enforce than prenups.
Reality: Properly drafted postnups are just as enforceable as prenups.
Myth: Asking for a postnup will damage your marriage.
Reality: Clear financial agreements often strengthen marriages by eliminating uncertainty.
Myth: Postnups are only for rich people.
Reality: Anyone with assets worth protecting can benefit from a postnup.
Myth: You can create a valid postnup yourself.
Reality: DIY postnups are rarely enforceable and often create more problems than they solve.
The Bottom Line on Postnups
You can't go back in time and get a prenup, but you can still protect your financial future with a well-drafted postnuptial agreement. It's not about planning for divorce – it's about taking control of your financial security.
Don't let the lack of a prenup leave you vulnerable. Take action now to protect what you've worked hard to build.
Ready to protect your financial future? Book a consultation to discuss our postnuptial agreement package. Because it's never too late to get smart about money.