Prenuptial and postnuptial agreements are sometimes seen in a bad light, but the bottom line is that these documents can be great ways for you and your spouse to protect yourselves and your finances if you get divorced. If you are thinking about asking your spouse for a postnuptial agreement, you should be careful about how you do it. Our postnuptial agreement attorneys in Morris County, NJ can give you some advice.
How Should I Bring Up a Postnuptial Agreement?
Talking about a postnuptial agreement can be tricky. You don’t want it to seem like you have no faith in your marriage or that divorce is inevitable. Instead, you should try and show how beneficial a postnup can be for both of you. It can give you peace of mind about your finances no matter what the future holds.
It could also help make any divorce, if it happens, far less acrimonious. After all, issues concerning money are often hotly contested in a divorce. A postnup can reduce the need to fight over any assets.
What Are the Benefits of a Postnuptial Agreement?
A postnuptial agreement can set rules about what happens to your finances in a divorce. It can be used to determine:
- How your assets are divided
- Which properties are considered separate properties and which are considered marital property
- If one spouse will receive alimony and how much
- Some rules about divorce proceedings, like if you’ll use mediation over litigation
There are some matters that a postnup cannot cover though. You don’t want to include any provisions that aren’t enforceable, which is one reason we suggest talking to a lawyer if you plan to draft an agreement like this.
When Should I Start to Consider Using a Postnup?
If a couple doesn’t see a need for a prenup, it’s usually a significant financial event that drives one or both of them to consider using a postnuptial agreement. It can be a good idea to consider one if:
- One spouse inherits a significant sum of money
- One spouse begins making far more money than the other
- One spouse has a business that grows significantly
Do I Need a Lawyer to Write a Postnup?
You should have a lawyer to write your postnuptial agreement, and both you and your spouse should have representation of your own when discussing this matter. Your lawyers can ensure an agreement is fair, that it is not signed under duress, and that both parties have completely disclosed their assets and liabilities. This can prevent a postnup from being thrown out later for being invalid.
Talk to a Lawyer Today
If you want to learn more about the potential benefits of a postnuptial agreement, contact Townsend, Tomaio & Newmark. We can schedule a consultation and tell you more about how a lawyer can help you.
