Ask the Expert: how to handle a divorce (Part 1)

Yes, you can consider signing a post-nuptial agreement. You must ensure that your spouse signs the agreement independently, in order to prevent any arguments in future that he or she only signed the agreement because of coercion from you. However, please take note that a post-nuptial agreement may be persuasive to the Court but is not binding. Ultimately, the Court looks at what is fair, while taking into consideration that parties have already entered into an agreement.