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Is a prenup still valid if it is signed after the marriage license but before the wedding or before the marriage is officiated?

Dallas, TX |

Marriage is in Texas. We just got the marriage license and prenup is being finalized. Trying to figure out if we have to change it to a postnup

Attorney Answers 3


Great question, this will be state specific but mostly it should be dependent upon the ceremony, the license doesn't marry you it just gives you the ablity to marry, remember you both must have an indepenedent time to review it. take care and chat wtih a local attny he or she will help.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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If there is no duress, and both parties have separate attorneys to advise them, it should be fine. If it I not signed before wedding, it will ba a postnuptial agreement.

This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.

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Yes if no fraud or duress and the appropriate disclosures are made. Please note as to cerain qualified plan issues, an agreement will also need to be signed after marriage.

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