What is a postnuptial agreement?
- A postnuptial agreement is a legal contract that a married couple signs to establish terms for the division of assets and liabilities in the event of a divorce or separation. It is similar to a prenuptial agreement, but it is signed after the couple has already gotten married.
Why would someone need a postnuptial agreement?
- A postnuptial agreement can be useful for a number of reasons, such as changes in financial circumstances, protecting a family business, clarifying financial expectations, or protecting inheritance. It can also be helpful for couples who may not have had the opportunity to create a prenuptial agreement before getting married.
What can be included in a postnuptial agreement?
- A postnuptial agreement can include provisions for the division of property, spousal support or alimony, debt division, and other financial matters. It can also address issues such as custody of children or pet ownership.
Are postnuptial agreements enforceable?
- The enforceability of a postnuptial agreement depends on several factors, such as whether both parties fully disclosed their assets and liabilities, whether the agreement was signed voluntarily, and whether the terms of the agreement are reasonable and fair. In general, if these requirements are met, a postnuptial agreement can be enforceable.
How do I create a postnuptial agreement?
- Creating a postnuptial agreement typically involves working with an experienced family law attorney who can help draft the agreement and ensure that it meets legal requirements. Each spouse will need to disclose their assets and liabilities, and negotiate and agree upon the terms of the agreement. Once the agreement is signed, it will need to be notarized and filed with the court.