If you are familiar with family laws, then you know that both postnuptial and prenuptial laws fall here. However, the postnuptial agreement unlike the prenuptial agreement, only applies when you and your partner have already gotten married. Here, the married couples will state all the properties and finances that they both own in person and as marital assets. They will then define the responsibilities and rights that they have while in that marriage. This includes how, upon the demise of one or both of them or divorce, they will divide the assets and monies. Different states already have defined laws that determine how such property needs to be divided in case of death or divorce. However, with a postnuptial agreement in place, the courts will opt to use it to split the assets rather than the state law taking its course.
Postnuptial agreement can only take effect if it was arrived at with a full and clear disclosure of all your property and that it protects both parties.
Advantages of Postnuptial Agreement
A postnuptial agreement can save you time and costs in very many ways. In fact, for a partner who is in their second or third marriage and still has children from their previous marriages, they may need to ensure that a portion of their wealth and assets benefits their children. Also, if you are in a marriage where one of you is unfaithful and you want to persuade them to work on the current marriage, creating a postnuptial agreement would help big-time. Signing it with favorable terms can prove them that you are serious with your marriage and want to stay married. Postnuptial agreement is also ideal if one of the couples want to quit their high paying careers to spend substantial time caring for their children. They want to ensure that they still will continue being financially secured even after quitting their jobs for this noble reason.
Typically, it is advised that both parties hire an attorney when the time comes to create the agreement, a factor which makes this exercise costly. However, it is an informed move as in the end, in case of divorce or death of a couple, one can avoid great deals of trouble as well as save massive chunks of money. Other benefits of the postnuptial agreement are that you can alleviate issues if you are ready to get back to the workforce as a single parent. If your wealth increases, this agreement will help provide a settlement. Other than helping your dependents and protect your business, this agreement will also bring to an end your financial disagreements.
Postnuptial agreement is right for you if you have assets that need protection or if you’re a stay at home parent or you are expecting to receive an inheritance.
How a Postnuptial Attorney Can Help
Nearly every resident of Staten Island can be affected by family disputes, and this is why family lawyers that are mainly specializing in the postnuptial agreement can help couples arrive at practical solutions and save you from endless, meaningless, and daunting court challenges. With a professional attorney guiding you through every step of creating a postnuptial agreement, you can rest assured that misguided lawsuits won’t destroy your marriage. You are sure of taking a reasonable position whenever your dispute lands in the court in Staten Island. A postnuptial lawyer will ensure that you resolve the financial and property misunderstandings, help to move your marriage forward, or help you start a new stress-free life.