State law empowers spouses to write and sign postnuptial agreements in which they identify their assets and how they want to divide them if the marriage ends. You and your spouse might consider making a post-marital contract so that you can have honest conversations about assets and shared finances. Regardless of why you want a postnuptial agreement, you can ensure any contract you sign suits your needs with the help of a knowledgeable attorney.
We can help you understand the functions of a post-marital contract and arm you with the knowledge you need to make vital decisions about spousal support or valuable assets.
What Is a Postnuptial Agreement?
As its name implies, postnuptial or post-marital agreements are contracts that spouses sign after they get married. In this document, spouses identify what property they own separately, like investments, checking or savings accounts, houses, and cars. Then, they discuss what they want to do with these items if the marriage ends.
People may decide to enter into a postnuptial agreement for many reasons. The most obvious reason is if they are contemplating divorce, but this is by no means a requirement for a postnuptial contract. Oftentimes, a spouse may have high-value or complex assets and wants to define the distribution of assets.
When Is a Postnuptial Agreement Unenforceable?
If spouses do not follow the proper legal procedures, the postnuptial contract they sign may be unenforceable. In some cases, courts will throw out the unenforceable sections while keeping the valid provisions, but sometimes they refuse to enforce the entire document.
A postnuptial agreement may be unenforceable if it tries to determine child support, a child’s healthcare, or other child-related matters. Additionally, if the court does not think a spouse was honest about the scope of their assets, it may disregard the contract. Finally, a judge may be reluctant to enforce a postnuptial agreement if they have reason to believe one of the spouses was forced or coerced into signing it.
Postnuptial agreements are powerful tools people can use to talk about and decide on critical financial issues. We can offer guidance on how these contracts work and ensure that any signed postnuptial agreement will be legally enforceable.
Call Us for Help
You can use a postnuptial agreement to have control over your assets regardless of whether you see divorce in the future. Instead of wading through the mountains of misleading self-help tools online, call on the help of a trained professional you can trust. We can provide you with direct answers to your questions and relevant information for your specific situation. Contact us today for legal help.