A post-nuptial agreement is essentially identical to prenuptial, or prenup, except that it is an agreement between spouses instead of fiancés. If the document is written up properly, prenuptial and postnuptial agreements can be a massive help to just about any couple. These agreements are not just for the very wealthy anymore. With a prenup, fiancés can discuss their finances and goals heading into a marriage, and outline the financial steps they will take to reach them, such as supporting a spouse through school. These agreements can also detail what would happen to property in the event of divorce or death.
Most benefits and protections within the agreements will only work if the document is legally enforceable. This is why it always advisable to work with an experienced family lawyer to make sure that your agreement is legally sound. And if you are currently facing a divorce and already have such an agreement in place, it would be beneficial to have our divorce attorneys look the agreement over right now to help establish that everything is in order.
Far too many people make the error of drafting a pre or post-nuptial agreement without a lawyer present. This could present the opportunity of leaving out a key clause, or writing something that is not enforceable. This could be something frivolous, like an agreement to not gain too much weight.
What some people do not realize is that matters of timesharing and support cannot be addressed in this agreement. These provisions can be tossed out if a court believes another arrangement is in the best interests of the child. If too many unenforceable matters are included in the agreement, this could get the entire document thrown out. And of course, if you were coerced to sign the agreement, this could be voided as well.
If you have any questions concerning this process, or whether or not a nuptial agreement is right for you, do not hesitate to call Ross and Andreassi today to speak with a qualified legal advocate!