You are married. You and your spouse live in proverbial wedded bliss. You have a solid estate
plan to help you both if death finds one of you. You’ve been married for years, and can not imagine that anything can rock the foundation of your marriage. One day, you wake up to find that the spouse you loved and trusted has been untruthful; perhaps it was money or infidelity. Regardless, you and your spouse want to work on the relationship. At the same time, you want to ensure you are both protected if your marriage cannot be repaired. A postnuptial agreement can help.
What is a postnup?
A postnup is a contractual agreement defining the division of assets set up between two married people in the event that their marriage ends. This agreement can help you and your spouse discuss financial concerns, future spousal support concerns, ownership of assets, and the distribution of property and debts in the event that your marriage ends. Having these hard conversations is never easy, but they are necessary when you are trying to bolster a marital foundation.
To have an enforceable postnuptial agreement:
- Each party must have their own attorney to represent them individually.
- The terms of the postnup agreement must be reasonable.
- In a postnup, you can not include Child custody and support.
- Both parties must sign the agreements freely and voluntarily in the presence of a notary.
If you find yourself in this situation, we are here to help. Contact us for a consultation on starting a postnuptial agreement.