I frequently receive questions from the male species asking how they can maneuver their spouse into signing the equivalent of a prenuptial agreement after they have been married for many years. Here is one such question from Phil D. from Bridgeport, Illinois and my response:
QUESTION: What would be the legal and practical issues involved with asking my wife to sign a prenuptial agreement after we have already been married?
LOVE LAWYER RESPONSE:
The agreement you are referring to is called a Postnuptial Agreement. The Postnuptial Agreement is similar to a Prenuptial Agreement but you must have consideration and it must not be done in contemplation of a divorce. So you cannot manipulate your spouse into execution of this agreement only to file divorce immediately thereafter. The legal issues involved, though complicated, are actually simpler than the practical issues.
I am guessing that you either became successful after the marriage and do not want to share it with your wife or you have a hot girlfriend and are contemplating freedom. From a practical perspective, unless you are offering your spouse eternal youth, unlimited sex with the boy toy of her choice and 10 million dollars, she may not agree to the Postnuptial Agreement. Further, the suggestion may even make her suspicious.
However, if make your loving wife an offer she cannot refuse and back it up with plenty of consideration (Benjamin Franklins), then you may actually discover that you have found a partner for a lifetime.
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