In the modern day, it is increasingly common for engaged couples to address possible marital disputes in advance through prenuptial agreements that are written and signed well before vows are exchanged. What many people do not realize, though, is that you can also form this sort of agreement after you get married, with the only major difference being that the contract is called a postnuptial agreement instead.
If you and your spouse are considering taking this kind of step to strengthen your relationship and avoid possible issues down the road, you should know that trying to negotiate a marital contract without a qualified attorney by your side can be challenging. With the help of a Miramar Beach postnuptial agreements lawyer from Emmanuel Sheppard & Condon, you can draft a comprehensive and legally enforceable document that suits your unique needs without causing any additional stress.
What Are the Basic Rules for a Postnuptial Contract?
Postnuptial agreements are sometimes called postnuptial contracts because, in a legal sense, they are contracts just like leases, mortgages, and purchase agreements. This means that for your postnup to be legally enforceable, it must be:
- In writing
- Signed by both you and your lawful spouse
- Drafted without either party being under duress—in other words, you both have to completely understand what you are signing off on and consent to it without being pressured or coerced in any way
You must also fully disclose all your financial assets, debts, liabilities, and interests to each other during the drafting process. Any sign that either party left something important out or otherwise engaged in fraud during that process may be taken by a court as grounds to declare the whole agreement null and void. Likewise, if a court suspects an agreement’s terms are fundamentally unfair to one party, that court may refuse to enforce the agreement later on—something that a seasoned Miramar Beach postnuptial agreements attorney can ensure does not happen in your situation.
Topics That a Postnuptial Agreement Can Address
The primary focus of most postnuptial agreements is to establish who would maintain ownership over which assets and debts in the event of a divorce, legal separation, or death of one spouse. For example, you can use a postnup to declare:
- What property should be considered marital property and subject to equitable distribution during a divorce
- How certain property or business interests should be handled during the marriage
- How life insurance or retirement funds should be handled
A postnuptial agreements lawyer in Miramar Beach can also help you establish who should pay alimony in the event of a divorce, how much they should pay, and the frequency of payments through this sort of contract. One thing a postnup absolutely cannot make any binding declaration about, though, is anything involving child support or child custody rights, since the courts still have total authority over that element of divorce and separation proceedings.
Get Help from a Miramar Beach Postnuptial Agreements Attorney Today
Making a postnuptial agreement with your spouse certainly does not herald an inevitable divorce—in fact, it can often be a great way to reduce the odds of a separation in the long run. That said, you will still need to be careful and considerate during the drafting process for a contract like this, and you will want guidance from an experienced legal professional.
A conversation with a Miramar Beach postnuptial agreements lawyer can provide answers to important questions and guidance about what next steps you and your spouse should take. Call Emmanuel Sheppard & Condon today for a confidential consultation.
