Postnuptial Agreements
Even if you or your spouse never signed a prenuptial agreement, you can negotiate a similar "postnuptial" agreement after you have married. Like prenuptial agreements, a postnuptial agreement can be used to clarify:
- Property ownership
- Property division
- Sharing of expenses during the marriage
- Alimony in the event of separation or divorce
- Many other legal issues which must be determined in the unfortunate circumstance of divorce
Postnuptial agreements are also used to:
- Update a prenuptial agreement
- Protect women who plan to take time off from their careers to stay home with their children
- Memorialize an agreement on property distribution upon death in a second marriage
The future can be uncertain
Another situation in which a postnuptial agreement might be necessary occurs when spouses are uncertain about the future of their marriage. In such cases, they might want to clarify financial and parenting arrangements during the marriage, as well as after a divorce.
Sometimes one spouse surprises the other with a postnuptial agreement and claims that it is for the purposes of estate planning or tax avoidance. The spouse receiving the proposal should never sign it without consulting their own attorney.
You need skillful representation to protect your interests
In fact, before crafting a postnuptial agreement, both spouses must provide full disclosure of income and assets. The agreements must always be in writing and signed by both spouses, and each spouse should have their own attorney.
At Plasencia & Associates, we know how to protect you. We will fight for your interests and provide the legal guidance you need when crafting a postnuptial agreement.
