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Resolving Differences By Putting You And Your Family First

When is it appropriate to get a postnuptial agreement?

On Behalf of | Jun 2, 2022 | Divorce |

When you got married several years ago, you and your spouse were on the same page. You both worked, and you knew that you were both able to handle your debts and expenses.

Now, your spouse is asking to stay home. You’re ready to have a child, but what can you do to protect you both as you look at taking over the expenses and handling bringing home an income?

A postnuptial agreement could help at this stage of your marriage

It’s not a bad idea to put together a postnuptial agreement at this stage in your marriage if you’re ready to bring children into your relationship. A good postnuptial agreement can go over several factors including:

  • How to avoid taking on a spouse’s debt if you later divorce one another
  • How to separate property if you get a divorce
  • Intentions for custody in the future
  • How you’d like to pass on separate property to your children
  • Assets from previous marriage

To get a postnuptial agreement, you will need to hire two different attorneys, one to represent each party. You will also need to:

  • Inventory your finances
  • Identify all your debts and assets
  • Disclose all accounts

Once you do this, you and your spouse can negotiate the agreement and review a drafted postnuptial agreement with your attorneys. They’ll go over what the document with you to determine what is or is not in your best interests.

If you’re happy with the postnuptial agreement at that point, your attorneys will work together to formalize the agreement and make it legally binding.

You may never divorce, but this agreement aims to protect you

Not all people who get postnuptial agreements divorce, but knowing that you have the right protections in place can make it easier to move through life with your spouse and make difficult decisions if you ever want to separate.

This postmarital agreement isn’t a sign that you don’t trust your spouse, it’s one that shows you’re both willing to negotiate now in case your feelings change later. With help, it could protect your both against unexpected trouble in the future.

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