The concept of a postnuptial agreement might seem unusual at first. To some, these agreements might seem as though they involve a spouse giving up legal rights that they otherwise have no obligation to waive. However, there are many viable reasons to discuss this option with a Maplewood postnuptial agreement lawyer.
If you are thinking about a postnuptial agreement, you are entitled to speak with an attorney before you sign anything. A dedicated family lawyer could help draft an appropriate agreement for the circumstances and represent your best interests throughout the process.
There are numerous reasons why spouses might consider a postnuptial agreement. While each couple has their own unique circumstances, an experienced Maplewood attorney at our firm could tailor a postnuptial agreement to fit the situation.
One common reason for a postnuptial agreement is marital misconduct. When one spouse is unfaithful, the other spouse might ask for a postnuptial agreement in exchange for remaining in the marriage. The agreement could be used as motivation for the spouse to clean up their behavior.
Not all postnuptial agreements revolve around assets. Sometimes, these agreements are necessary to address debt that has been accumulated during the course of a marriage. For example, a postnuptial agreement could be the best option for a marriage where one spouse is responsible for a substantial amount of debt. A postnuptial agreement could protect the spouse who did not incur the debt should the parties eventually divorce. Without this agreement in place, both parties would be on the hook for repaying these debts.
In some cases, obtaining a postnuptial agreement can help resolve money disputes. This often occurs in cases where a prenuptial agreement was never considered prior to the wedding. A postnuptial agreement could ensure both spouses have clear expectations regarding the future.
As is the case with any marital agreement, there are legal requirements for postnuptials. The failure to meet these requirements could render an agreement invalid and unenforceable. An attorney at our Maplewood office could help by drafting a postnuptial agreement that meets the requirements set out by law.
The first requirement is that these agreements must be put in writing and signed by both parties. In other words, there is no such thing as an oral postnuptial agreement. In addition to the agreement itself, there should also be a statement of assets attached. This statement should spell out the assets owned jointly and individually by the spouses. The purpose of this is to ensure both parties have an accurate picture of the other person’s finances before entering into the agreement.
It is possible to modify or revoke a postnuptial agreement after it is executed. As with the original, both parties must put the revised agreement in writing and sign the document. A lawyer who handles postnuptial agreements could further advise on revoking or modifying one.
No matter your reason for considering a postnuptial agreement, you have the right to discuss your options with an attorney. The right lawyer could help ensure that you avoid an agreement that is not in your best interests.
Before you sign a postnuptial agreement, let an experienced legal advisor at the Williams Law Group, LLC evaluate every aspect of the document. Contact a Maplewood postnuptial agreement lawyer to learn more about how we could help.