A postnuptial agreement (“postnup”) typically establishes how a couple’s assets should be divided upon divorce or separation and can be substantially beneficial for both parties. The only difference between postnuptial agreements and premarital contracts or prenuptial agreements is when they are entered into. While the latter is signed before a couple gets married, a postnup can be entered into any time during the marriage.
For help with determining whether a postnup contract is right for you and your spouse, consider contacting a marital agreements attorney from our firm. It is worth discussing this option with a Montgomery County postnuptial agreements lawyer who can advise you on the potential benefits and drawbacks of signing a spousal contract after getting married.
When to Sign a Postnup
There are several reasons why a married couple might want to enter into a postnuptial agreement. For example, if they experience an unforeseeable change in dynamics within their marriage, either spouse may wish to prepare for a potential future divorce or separation. In other words, something that occurs during the course of a marriage may convince one of the spouses that a postnuptial agreement is necessary to protect their assets in the event of a divorce.
Additionally planning a wedding can be very time consuming. A postnup can be a viable solution for a couple who wanted to enter into an agreement before their wedding but could not find the time to do so.
Furthermore, the advice of a friend, relative, or Montgomery County attorney may lead a married individual to give a postnuptial agreement serious consideration. A neutral third-party to the marriage may be able to look at the relationship more objectively and provide insight about the benefits of signing a post-marital contract without as much emotional attachment.
Subject Matter and Enforceability
A postnuptial agreement can address the same issues as a premarital contract. Key provisions typically involve the division of a couple’s marital assets, whether and how much alimony will be paid, and the allocation of retirement benefits in the event of divorce or separation.
One of the most significant benefits of hiring a postnup contract lawyer in Montgomery County is that they can help ensure an agreement is enforceable under the law. Regardless of what terms it contains, a postnuptial agreement could be deemed invalid if:
- It was not submitted in writing
- Either party refused to sign or signed under duress
- It contains false or incomplete information
- There was fraud involved
- It is unconscionable
A postnuptial agreement must be fair to both parties in order to be enforceable in Montgomery County, and there must be some consideration for both sides to have executed a valid contract. If the terms are heavily skewed to favor one of the spouses over the other, a judge may find legal reason to invalidate some or all of the agreement. It is therefore advisable to consult with a local lawyer before signing a postnuptial agreement.
Contact a Montgomery County Postnuptial Agreements Attorney Today
Postnuptial agreements are legally binding contracts/documents that can help minimize disputes in the event of divorce or separation. A spousal contract entered into after marriage can help strengthen a couple’s mutual trust. For this reason, you should contact a Montgomery County postnuptial agreements lawyer for more information on whether this type of contract can benefit you and your spouse.