After a couple is married, they may want to draft an agreement detailing certain plans in case of divorce. These plans are called postnuptial agreements. The only difference between a prenuptial and a postnuptial agreement is when it is filed. Both agreements can address the same kinds of issues, and neither agreement means that the parties are not committed to each other.
Instead, postnuptial agreements are a couple’s “in case of emergency” plans. And in this case, the emergency is divorce. A married couple may create a postnuptial agreement at any point in their marriage. If you are considering a postnuptial agreement, consult a Rochester postnuptial agreements lawyer at Kohlmeyer Hagen Law Office, Chtd. to discuss potential next steps. Let a marital agreements attorney help protect your interests and give you peace of mind.
A postnuptial agreement is a contract between a married couple. Like any other contract, some rules must be followed to ensure the contract’s validity. Before signing or executing a postnuptial agreement, it is essential to hire a meticulous Rochester attorney to review your obligations under the contract.
Although certain rules must be followed for valid execution, a contract or postnuptial agreement does not have to be a formal, extensive document filled with legal jargon. Your postnuptial agreement can be as simple as “[Spouse 1] is entitled to [a specified amount of money in alimony] upon divorce from [Spouse 2].”
The purpose of a postnuptial agreement is to establish a plan in the event of a divorce. Postnuptial agreements can be used to address some of the commonly contested issues that arise during a divorce. These contested issues include:
Many of the contested issues of a divorce involve the division of property. Parties work with their legal counsel to divide the property (homes, businesses, retirement accounts, vehicles, etc.) if it is community/shared and identify the separate property that is not subject to division.
A postnuptial agreement can save you and your partner time and money in the future. Additionally, you may create a postnuptial agreement to modify a prenuptial agreement.
Postnuptial agreements can include a variety of plans for the future. By meeting with a postnuptial agreements attorney in Rochester, they can help determine what key elements should be included in your agreement.
Many scenarios can be addressed in a postnuptial agreement. However, child support and child custody may not be included. Plans for the children you currently have or may have in the future cannot be addressed in advance through a postnuptial agreement.
These topics are off-limits because they are so fact-specific. When a judge determines a child custody order, it must align with the best interests of the child. The child’s best interests vary based on the following:
When a judge determines a child support agreement, it depends on the income of each parent, the contributions of the primary caretaker, and the child’s overall quality of life. The circumstances that support a stable and loving life for a child are too variable to establish legal agreements for these circumstances in advance.
During a consultation, a Rochester lawyer can explain what can and cannot be included in postnuptial agreements.
Planning for the future with a postnuptial agreement is not planning for the end of your relationship. A Rochester postnuptial agreements lawyer can explain the benefits of a postnuptial agreement and help you determine if it is the right choice for you.
Meet with the attorneys at Kohlmeyer Hagen Law Office, Chtd. to learn more about postnuptial agreements.
