When do couples get post-marital agreements?

Unlike prenuptial agreements made before the big day, post-marital agreements are drawn up after a couple legally marries. Changes in life circumstances often motivate these post-wedding pacts – perhaps one spouse suddenly inherits substantial assets or sells a successful business. A post-marital agreement protects these newly acquired assets should the marriage ultimately come undone. It provides security during exciting but uncertain times.

How are post-marital agreements enforced?

First, let me alleviate concerns. Courts will generally uphold the financial terms of a properly executed postnuptial agreement except in limited special circumstances, like unconscionability. In other words, these contracts are enforced as binding. As long as full financial disclosures were made upfront and each spouse had adequate legal representation, courts will typically enforce a post-marital agreement if challenged down the road in divorce proceedings.

What are the benefits of a post-marital agreement?

Post-marital agreements can provide invaluable predictability, avoid contentious disputes over money, assets or property, and minimize painful financial losses for higher-earning or asset-holding spouses in the regrettable event of divorce. These agreements also allow inheritance and separate pre-marital property to remain protected. For both husbands and wives, post-marital agreements offer control over division of assets acquired during the marriage through joint efforts. I guide clients in creating fair agreements suiting their unique situation and goals.

While tricky to discuss, post-marital agreements can offer spouses priceless peace of mind. Call today to explore how one could benefit your marriage.