Married couples can enter into postnuptial agreements after marriage to prevent future financial losses and unnecessary stress in case of a divorce. When entering one of these legally binding agreements, it is essential to understand your rights and obligations before you sign.
Speaking to an Anderson postnuptial agreements lawyer might provide you with the insight you need to draft a legally enforceable post-marital contract. Connect with our well-versed attorney to begin drafting your postnup.
What Can a Postnuptial Contract Do?
Many things can lead to the breakdown of a marriage. In cases where the parties cannot reach an agreement on how to divide their property or how to share parenting time, their divorce can become extremely expensive and take a great deal of time to resolve. A post-marital contract provides an opportunity for couples to negotiate fair terms related to a potential divorce so there is no misunderstandings between them.
When drafting a postnuptial agreement, the couple can include how they will divide assets and property, whether and how much spousal support one party will pay to the other, and how they will treat any family-owned businesses if they end their marriage. Postnups can also protect children from prior marriages by safeguarding their inheritance.
If a couple has minor children, they cannot set any terms related to custody or child support in a post-marital agreement. Courts will not uphold terms related to child custody and support, even if both parties willingly entered the agreement willingly. To learn more about the benefits of a postnuptial contract, individuals should speak to a lawyer and Anderson.
Reasons to Enter a Postnup
Although a post-marital agreement might sound like a precursor to divorce, that is typically not the case. Many couples view a postnup as a way to improve communication and transparency.
Another reason individuals may choose to enter a postnuptial contract is if one party leaves the workforce to care for the couple’s children. In such cases, a spouse who intends to stay home may reasonably worry about their financial security because they will not be devoting themselves to career advancement. A post-marital agreement can codify a couple’s decision to have one party stay home and effectively protect the homemaking spouse in the event of a divorce.
In some instances, individuals who share a family-owned business can prevent a future divorce from negatively impacting that company. These agreements may provide peace of mind to the spouses and any possible business partners involved in the venture. Regardless of what reasons a couple may have to pursue a postnup, they should contact an experienced lawyer to discuss their options.
Making a Legally Valid Post-Marital Agreement
A postnuptial agreement is only useful if a court finds it legally valid. If a couple ends up divorcing, and the court finds evidence of duress in the legality of a postnup document, the parties will need to negotiate or litigate all of the terms as if they never entered such an agreement. To ensure that the court will accept their post-marital agreement, parties must:
- Obtain the agreement without fraud, duress, mistake, non-disclosure, or misrepresentation
- Draft an agreement that is not unconscionable
- Draft an agreement that stays up to date in the event of extreme changes in circumstances that would make the original document obsolete
Individuals concerned about creating a legally valid postnuptial agreement should speak to an experienced Anderson attorney.
Speak to an Anderson Attorney about Postnuptial Agreements
Postnuptial agreements can serve many purposes for a married couple and help strengthen a marriage during a difficult time. A post-marital contract should protect both parties’ interests and aim to achieve fairness and conserve resources in the event of a divorce. If you are interested in drafting a postnup, you should consult with an Anderson postnuptial agreements lawyer at our firm. Call today to learn more.