You might have heard a prenuptial agreement. As you already know, this type of agreement is often drawn up before a couple gets married. It’s designed to help protect both parties and their assets in the event of a divorce. For example, one spouse might designate in the prenuptial agreement that he or she owned the house before the marriage and will keep it if the marriage ends. These agreements are very common, but some people choose not to have a prenuptial agreement for one reason or another. They might think that their soon-to-be spouse will be offended by the arrangement, or they might not feel that they really have any assets that need to be protected.
Some people think that if a spouse gets married without a prenuptial agreement that their chance for signing one of these agreements is over. However, this is not the case. Some couples choose to sign a postnuptial agreement, which is just like a prenuptial agreement, except it is an agreement that is signed after you get married.
If you do not have a postnuptial agreement in place, you could be wondering if this would be something beneficial in your marriage. Basically, this type of agreement is designed to protect you so that if you get a divorce, you will be able to keep your assets. In the agreement, there could be clauses that are beneficial to both parties. For example, one spouse might retain rights to money in a certain bank account, while the other spouse might retain rights of the home or other marital property.
Coming up with these agreements can provide peace of mind for some couples. Knowing that the property has been divided and that you are guaranteed to a certain division of martial property can help prevent you from stressing over losing your assets or the things that are most important to you in the event that your marriage goes sour.
Plus, some couples find that dividing their marital property while they are in a good place in their marriage is smart. By creating one of these agreements when you are both getting along with one another, you can help ensure that marital property is divided without a lot of emotion being involved. This can be beneficial to both parties in the event that there is a divorce, and it can help prevent the divorce from getting nasty if your marriage does come to an end at some point in the future.
If you are interested in creating a postnuptial agreement, you could be wondering what you will need to do. Of course, it is always a good idea to meet with a lawyer. Some people do try to draw up these agreements on their own, but having legal counsel to help you can help you ensure that the agreement is drawn up properly. Just note that you and your spouse should have separate attorneys to help you draw up this document; this can help you prevent the document from being contested in the event that there is a divorce and that the two of you try to enforce the agreement. If you meet with one of our legal professionals here at our family law firm in the Bronx, we can explain a little more about postnuptial agreements. Then, we can help you determine if it’s a good move for you and your marriage, and we can help you draw up the necessary documents in the event that you do choose to create a postnuptial agreement.