You may have already heard of a prenuptial agreement, but do you know what a postnuptial agreement is? In this blog, we explain what you need to know about drafting a postnuptial agreement and how this legal document can be used to protect your interests.
Postnuptial Agreements Explained
A postnuptial agreement is sometimes referred to as a post-marital agreement, and is a written contract signed by both spouses after they have already been married. You can use your postnuptial agreement to fix details in your prenuptial agreement, or to specify each spouses’ property rights if you divorce. If you take the time to carefully draft a strong postnup, it can end up saving you and your spouse a substantial amount of time and energy.
Postnuptial agreements can be used to cover the following things:
- Allocating property if the couple divorces
- Which spouse retains ownership / control of a business
- Spousal support
- How to deal with infidelity
- Defining each spouse’s wishes for assets they brought to the marriage
- Dealing with debt accumulated through the marriage
The overall goal of your postnuptial agreement is to ensure both you and your spouse are protected if the other dies or files for divorce.
The following conditions might invalidate a postnuptial agreement:
- The agreement was not put in writing
- One spouse was pressured to sign the agreement
- One spouse didn’t read or wasn’t given enough time to consider the agreement
- The agreement contains invalid provisions
- The agreement contains false or incomplete information
- The agreement is grossly unfair to one spouse
Talk to a Charlotte Divorce Lawyer
If you need help drafting a postnuptial agreement, you should get in touch with our team of skilled legal professionals to find out how we can assist you. We have been serving clients throughout Charlotte since 2010, and we are prepared to walk you through every aspect of your case to ensure your interests are fully protected. Stop by our office today to get started on your postnuptial agreement.