Postnuptial Agreements

/Postnuptial Agreements
Postnuptial Agreements 2017-05-23T15:56:31+00:00

Spouses can even enter into contracts with each other similar to business partners.

Marriages today have some elements in common with a business partnership. Like a business partnership, it often helps to have a written agreement defining which spouse is responsible for performing certain functions and managing different assets. As circumstances change, the agreement can change and be updated. A postnuptial agreement can be an integral part of a couple’s estate plan.

Like a prenuptial agreement, a postnuptial agreement can head off disputes over money by forcing the spouses to think about and agree upon these matters before disputes arise.

You may want to consider a postnuptial agreement when your relationship changes due to:
  • Career change
  • Inheritance
  • Childbirth or adoption

Pre- and postnuptial agreements should also spell out what will happen if the marriage breaks up. Otherwise, the disposition of assets will be determined under state law as interpreted by a judge. Such dispositions may not be what you and your spouse anticipated.

Making an enforceable postnuptial agreement requires complete and truthful disclosure of all assets and liabilities by both spouses. A knowledgeable and experienced divorce attorney can guide you through the process of drafting a postnuptial agreement that works for you and your spouse.