Although prenuptial agreements are supposed to be done before couples have the official wedding ceremony, there is another way to have one done. Postnuptial agreements are basically the same thing. However, they happen after the couple is officially married. If couples have missed out on the opportunity to get a prenuptial agreement, they can opt for a postnuptial agreement instead.
What does a prenuptial agreement include?
A prenuptial agreement includes a list of all assets that are to be split between spouses. It can address inheritance, appreciation of property, spousal support, real estate and fidelity. Prenuptial agreements do not include any information regarding the children between the two individuals. The document should not include mention of child support or child custody since they are not to be decided at this time.
In order to ensure that a prenuptial agreement is legally binding, it must be in the form of a written document. Both parties had to have been voluntarily agreeing to decide on getting a prenuptial agreement and accepting the details of the document. To make it honest, there needs to be a full financial disclosure presented in this agreement. The agreement must prove to be fair and just for both spouses involved. When it is decided upon, it must be notarized to prove that it is legally binding.
Are postnuptial agreements the same?
Couples entering into marriage might consider a prenuptial agreement for various reasons. If they have a prized possession, such as a house that has remained in the family for years, they may want to protect it in the case that something were to happen in the future. If one spouse owns a business or has a high net worth, they may also consider this type of agreement. It can help secure their status as a business owner or high net worth individuals by protecting their assets.
Postnuptial agreements outline the same concepts as a prenuptial agreement does. As with a prenuptial agreement, postnuptial agreements should not mention child support or child custody.
Why do people decide to get a postnuptial agreement?
After couples are married, their assets may have changed. One spouse may have recently acquired a high net worth or a business. This could incline them to consider the binding document. One spouse may have inherited money or other possessions from a family member or loved one. They may wish to protect this asset by getting a prenuptial agreement signed by both parties.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.