Not every couple finds the need to introduce a prenuptial agreement into their marital planning. Perhaps you’re young and you haven’t any assets to protect. Perhaps you’re just not invested in it because you think you know better. Whatever the reason, you’re not without options if you choose not to sign a prenup. You have the option to later sign something very similar to a prenuptial agreement. It’s called a postnuptial agreement, and it’s the same as a prenup but its only different due to the fact you’re already married when you sign.
What is a postnuptial agreement?
A postnuptial agreement is a form you sign when you’re already married. It’s designed to help you protect yourselves in case something happens to you. This includes death and divorce. It’s a wise way to help you keep any future problems at bay even though you don’t predict you will have any future issues with which to contend. This paper states whatever you want it to state based on your personal situation. You get to create the terms, the agreement, and the situations presented. You must both agree to it, it might be in writing, and it’s best handled by an experienced postnuptial agreement attorney in New York City.
Why do I need a postnuptial agreement?
Here is where you might find yourself surprised. A postnuptial agreement is not something you sign because you suspect you might one day divorce. It’s protection, yes, but it’s protection against anything that might occur. For example, if your spouse opens a business with a partner after you get married, you might not have any rights to that business if your spouse dies. This postnuptial agreement can outline your interest in the business being protected if your spouse dies.
On the other hand, it can protect your spouse and his or her business partner from you taking over any portion of their business if you are divorced. There are aspects to this that make it necessary for some couples. In fact, many businesses require their partners to sign agreements like this if they want to enter into the contract with one another. It’s for their own protection as well as the protection of all they build together.
Another common reason for a postnuptial agreement is inheritance. Perhaps you married with nothing, but you inherited an estate thanks to your family. You want to protect that inheritance with a postnuptial agreement. You and your spouse might have a plan in place if anything happens to either of you or you decide to get married, but things change all the time that might make one or both of you decide you don’t want to bother with that kind of nicety.
Additionally, a judge might make a decision based on the information they have if death occurs, and it might not favor you at all. Even if your spouse wanted you to have certain things upon his or her death, a judge may not grant that wish without a valid and legal postnuptial agreement.
Call a Postnuptial Attorney
If you didn’t want to or have a reason to sign a prenup, call an attorney to help you work on your postnuptial agreement. You might decide two attorneys is the best option for you to protect both of your interests, or you might decide to work with only one attorney given the fact you are a married coupon in total agreement over what is going into the contract.
Hiring an attorney is not necessary, but it’s the best way to ensure your postnuptial agreement is honored in court and not contested or challenged by family members or business partners. An attorney can use the correct legal terms, and they can make sure you are both of sound mind when you sign the agreement. This is the best course of action as it helps you protect yourself if something should happen in your marriage or to your spouse.
Even if you’re unsure whether this is the right move for you, you should call and speak with an attorney about the options you have. Protection is always helpful, and it’s never too early to take these steps to protect yourself and your family. An attorney can help you navigate what might otherwise be an awkward and uncomfortable situation as you attempt to figure out what to do and how to do it in this situation.
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