What Is A Post-Nuptial Agreement?
A post-nuptial agreement is similar to a prenuptial agreement in that it is a contract, it has to be in writing, and it has all the same terms and requirements. With a post-nuptial agreement, the only difference is that it’s entered after the marriage and it may be to identify property rights in the future. It’s to identify how you want the property to be divided in the event of a dissolution. It doesn’t matter when you make the contract. You can make it before marriage, in a prenuptial agreement or you can make it after marriage, in a post-nuptial agreement. This actually strengthen marriages, if it’s done in the proper way because the parties just want to have certainty in their lives.
What Matters Are Generally Addressed In A Post-Nuptial Agreement?
Post-nuptial agreement issues are similar, if not identical, to prenuptial issues. You would identify the property that you want to safeguard or divide and how you want to safeguard it or how you want to divide it. You make a contract with the other side that states that, in the event that you ever dissolve your marriage, this is what is going to happen with the assets. You can make plans on how you want to invest your time, efforts, and money. It’s the same as a prenuptial agreement; it’s how you identify your property and how that will be divided upon divorce.
Should Both Parties Have Separate Attorneys In Drafting A Pre-Or Post-Marital Agreement?
As within any legal situation, I always recommend that both sides have an attorney. Having both parties informed by their separate attorneys avoids the appearance of impropriety. I think it would be helpful to a court to know that both parties had full knowledge of the law and had access to an attorney.
It doesn’t mean you have to use two different attorneys but in most cases, I would recommend that. At the very least, have the other spouse put in the contract that they’ve had the opportunity to go and find their own attorney. If they choose not to, that’s their choice. It’s better for everyone and ensures enforceability in the future because that’s the whole point of entering into a contract.
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