While postnuptial agreements address many of the same issues that prenuptial agreements do, a postnuptial agreement is an agreement between spouses that is entered into during the marriage rather than before.
Married couples that have acquired a diverse collection of assets and/or property during their marriage may want to consider entering into a postnuptial agreement. While state law prohibits this type of contract from being used to encourage the parties to get a divorce, postnuptial agreements can serve as a roadmap for how marital assets and debts will be divided in the event of divorce. Postnuptial agreements may not address spousal support rights, such as alimony, unless the agreement was signed during a period when the spouses were separated but contemplating reconciliation.
Below are a few important things to know about postnuptial agreements:
- They are complicated legal documents. It is generally recommended that each party have his or her own attorney.
- They must be in writing and signed by both parties.
- The parties must be legally married.
- Both parties must enter into the agreement voluntarily.
If you or someone you know is thinking about entering into a postnuptial agreement, consulting with an experienced family law attorney will help to ensure that your interests and rights are protected. Contact us today to schedule a consultation.