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Last Updated on: 28th July 2023, 07:15 pm
Why Postnuptial Agreements Are No Longer a Taboo Subject
The significance of postnuptial agreements is often underestimated. Most commonly known for their pre-ceremony equivalent, these documents can protect your assets, business interests, and family members both from potential spouses and life’s uncontrollable circumstances.
It should be noted that such a form of contract isn’t an indication of pessimism in regard to the marriage’s destiny – on the contrary, it is merely a strategic financial move motivated by concerns about future security.
While most people have heard of prenups or even brushed over articles regarding them like fashionable gossip, it appears post-marriage agreements still carry somewhat of a taboo label attached to them.
When it comes to money matters in marriage, many couples are so smitten with love that they get carried away with positive thinking without considering long-term consequences. To tackle this issue and eliminate possible misconceptions around post-nuptials contracts, couples must recognize its relevance far beyond the stigma potrayed by mainstream media.
Differences Between Pre-And Postnuptial Agreements
A prenuptial agreement involves signing before getting married – usually indicating what each partner owns separately and outlines procedures to divide shared property if divorce happens down the road while a post-nup may happen any time after getting married. While not as commonly-known as prenups, both serve similar purposes: safeguarding individual assets.
These types of contracts provide ultimate protection against several unfortunate events such as bankruptcy or legal disputes with creditors that might occur during anniversary celebrations. However – they’re not only designed for the what ifs. Sometimes couples execute these documents to guard their inheritance or family’s shares in companies and investments that would otherwise affect heirs unfairly if untimely deaths happened.
Why Choose A Post-Nuptial Agreement Over A Prenup?
Postnups serve more than just those who chose not to sign a prenup pre-marriage. These documents protect individuals and couples, creating a new level of security that goes beyond their existing marital agreements; thus why calling them marital contracts is more fitting.
Stuck contemplating whether you should get a pre- or postnup?
Here are three common reasons why couples decide to choose the later:
1) Changes In Fortune During Marriage:
In many cases, it’s expected for one partner to experience significant increases in wealth during the course of their marriage either due to a business venture or inheritance from, e.g., family death. Thus getting a post-nup ensures original amounts remain separate property if things go south between spouses down the road.
2) Modified Roles During Marriage
When deciding on who takes up certain responsibilities concerning childcare and domestic affairs (especially when one parent decides to stay home), financial sectors suffer severe alterations. In such cases, signing a postnuptial agreement can help heirs have access to share property with fewer legal battles.
3) Repairing Marital Issues
It is always best that both partners come into any marriage without doubts or wondering if they’ll be responsible for half or total financial loss if the union ends up failing. Sometimes, after years in marriage couples realize this issue didn’t arise before because there weren’t any substantial assets beforehand leading them back into uncomfortable conversations regarding what could happen financially in case of divorce discussions.
This is where postnups are most useful – by helping address money concerns during rocky times and restore peace in marriages as well as rekindling love feelings between two people back into fruition.
What Happens When Getting A Post-Nup?
Working through these types of documents can sometimes appear like an overwhelming task for many couples – which is understandable given its importance. To make things easier, some individuals might want first to consult lawyers, then gather information about everything each owns separately ahead of time so no confusion arises later on when signing.
Once each partner has a clear understanding of what would happen if the unexpected happened – it is essential to specify details in writing accurately. This entails constructing clauses that outline, who gets what and when, overall determining which assets are joint property (e.g., marriage home), separate property such as investments and inheritance, outlining debts and liabilities incurred by either party.
It’s important always to make sure everyone involved understands everything specified since an unhappy spouse might file for divorce over misunderstandings due to poorly-defined written texts.
If considering getting a postnuptial agreement, it’s crucial first to come into consultation with a lawyer for guidance on the process. Although couples hope never to use them, when necessary having post-nups ensures financial protection from possible detrimental outcomes on your future well-being or business longevity.
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