Most everyone is aware of the concept of prenuptial agreements. Once considered a device primarily engaged by wealthy individuals in successive marriages, more and more people of all backgrounds understand that a prenuptial agreement is an effective way to provide security and certainty to both spouses in a marriage without the worry of an unpredictable, messy, contentious, and public divorce proceeding down the road.
Postnuptial agreements may be less familiar to most people, but they effectively serve the same purposes as a prenuptial agreement in bringing certainty and stability to a married couple’s financial affairs, but the key difference is that they are entered into after the marriage has commenced as opposed to prior to the marriage.
At The Martin Law Firm, P.C., our family law attorneys can work with you to create a postnuptial agreement that meets your specific needs and which will be legally valid and enforceable throughout your marriage and beyond, if need be.
What a Postnuptial Agreement May Cover
As with a prenuptial agreement, postnuptial agreements are primarily focused on financial issues between the spouses. Postnuptial agreements should not address matters such as custody, visitation, or child support payments, as Montgomery County courts will make decisions on matters relating to children based on the best interests of the children. Also, non-financial issues such as sexual fidelity addressed in an agreement may be considered unenforceable by a court.
Rather, typical provisions in a postnuptial agreement could include:
- Whether property should be treated as marital property or separate property both during the marriage and beyond
- How debts entered into in the marriage should be treated
- Who has the right to spend or use assets owned by the spouses
- Rights to alimony or spousal support
- Inheritance rights and obligations
Why Married Couples Enter Into Postnuptial Agreements
One question people have is whether a postnuptial agreement is really just a sign of eventual divorce or that a couple is incompatible for marriage, but anyone who has ever been married understands that marital relationships are complicated and multi-layered.
People enter into postnuptial for any number of reasons, but in general, their intentions are positive and in the spirit of strengthening the marriage. Spouses who are committed to one another in the marriage may have differing views on financial issues and/or concerns about their financial futures, and postnuptial agreements can bring clarity and order to the financial aspects of their marriage. With this added security and organization, many couples find that their marriages can blossom even further.
Creating a Legally Enforceable Postnuptial Agreement
By working with the attorneys at The Martin Law Firm, P.C., you can ensure that the postnuptial agreement you create will be held enforceable in court at a later time, should that need arise, and that you will be able to defend against later questions of duress, fraud, misrepresentation or related issues.
Contact Us Today to Discuss a Postnuptial Agreement
At The Martin Law Firm, P.C., our family law team works with men and women across Southeastern Montgomery County in all family law matters, and we are committed to serving your needs in a compassionate and efficient manner. Call us today for a no-hassle consultation regarding any questions you have about creating a postnuptial agreement in Montgomery County.