Do I Need a Postnuptial Agreement?

Postnuptial AgreementWhile most people have heard of a prenuptial agreement, they might not be as familiar with a postnuptial agreement. Also referred to as a post-marital agreement, it is a legal document for couples who are already married. In the event of a divorce, this document will define how assets should be divided.

Postnuptial agreements are a relatively new legal document. Prior to the 1970’s they were typically not enforceable because a couple was viewed as a single entity after marriage and as such could not enter an agreement with itself. Additionally, they were often viewed in a negative light because people believed that they encouraged divorce. As no-fault divorce statutes became more common in the 70’s, these agreements became more common.

Creating a Valid Postnuptial Agreement

In order for a postnuptial agreement to be enforceable, it must meet several basic requirements.

Elements of a Postnuptial Agreement

A postnuptial agreement often contains many of the same provisions that would be included in a prenuptial agreement. The only real difference between the two is when they are drawn up (prior to marriage vs. during marriage). The most common components of the agreement include:

If you and your spouse are considering creating a postnuptial agreement, it is important to work with a qualified family law attorney. Contact the team at McLario, Helm, Bertling & Spiegel for a free consultation.

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