A postnuptial agreement can be a touchy subject. There are many benefits to such a contract though, and if you approach the conversation in the right way your spouse should be able to see those benefits as well. Then a Tazewell County family law attorney can help you draw up an agreement that protects everyone.
Why Use a Postnuptial Agreement?
A postnuptial agreement helps determine what happens to you and your spouse’s finances if you end up getting a divorce. No one wants to think about the potential end of their marriage, but you have no idea what the future holds. A postnup can protect both of you.
Most couples consider a postnup once there has been a major change in their financial status. Let’s say that for the past few years, you and your spouse had jobs with similar pay and a similar amount in assets. Then one of you lands a big promotion and suddenly makes much more than the other. This could be a smart time to consider a postnuptial agreement. It may also be smart to consider one when someone receives a sizeable inheritance or someone’s business takes off.
What Can a Postnuptial Agreement Address?
This agreement is mostly meant to address finances. It can include clauses concerning:
- How property is divided
- How debts are dealt with
- Whether one spouse will get alimony and how much
How Should I Talk About a Postnuptial Agreement?
When you want to discuss a postnuptial agreement with your spouse, don’t make it about you and your finances. Tell them more about how a postnup protects both of you. It’s there to ensure that you both keep your assets and that no one’s debt can become an undue burden on someone else.
These agreements can also make a divorce go more smoothly. If you have children, a postnup can make a divorce less messy and make it easy for you and your spouse to continue to have a relationship and co-parent even after your marriage has ended.
What Makes a Postnup Valid?
A postnuptial agreement can be declared invalid by the court if you don’t approach this process correctly. To be enforceable, this agreement needs to:
- Be in writing
- Have a full disclosure of assets by both parties
- Contain fair and reasonable terms
- Be entered into voluntarily by both parties
It is also suggested that both parties have their own legal representation. You should also avoid including anything that shouldn’t be addressed by a postnup, like child custody.
Contact Our Marital Agreement Lawyers
If you have any questions about postnuptial agreements, just contact Butler, Giraudo & Meister, P.C. and schedule a consultation. We can tell you more about how these agreements work and how you and your spouse can both benefit from its protection.
