Even in the most healthy and functional marriages, creating a postnuptial agreement may help to clarify and outline the needs of both spouses. With legal counsel on your side, you will better understand your rights and have an experienced guide through each step of the agreement process in order to avoid having a claim challenged by a court. If you and your spouse are looking to create a legal agreement within your marriage, reach out to one of our lawyers to discuss solidifying your future.
WHAT ARE POSTNUPTIAL AGREEMENTS?
Essentially, a postnuptial agreement is a binding contract between spouses. The primary difference between this kind of agreement and a prenuptial agreement is when they are signed. As their names suggest, a postnuptial agreement is created after the marriage, while a prenuptial is signed before a marriage begins.
However, both types of agreements may cover the same or similar elements of a marriage. Some of the most common topics include:
Deciding whether one spouse’s property will be included in the marital estate—if included, it would then be subject to division upon divorce or death;
Outlining spousal support obligations—in the event of a divorce; and
Determining the prospective asset division between spouses.
The extent of what may be covered within a contract is far-reaching. Due to this, spouses seeking to build a postnuptial agreement will benefit from the experience of an attorney at Marple Rubin Family Law to help clarify their options.
POTENTIAL DIFFICULTIES WHILE ENFORCING POSTNUPTIAL AGREEMENTS
Any martial agreement is only legally legitimate and enforceable under the scrutiny of a court in the event that one of its involved parties challenged any of the outlined obligations. Therefore, crafting an agreement that withstands these challenges is essential for a successful and legal contract.
Postnuptial agreements must be composed in a way that avoids these challenges. Courts often scrutinize every element of an agreement for signs of coercion or duress.
While a postnuptial agreement can cover a wide variety of issues and circumstances within a marriage, they cannot be used to resolve child custody or child support. These exceptions are due to the focus of custody being the best interests of the child at the time of a divorce or separation. Issues of child support focus on both parents’ income and the child’s financial needs, which may change after the signing of a postnuptial agreement.