The idea of prenuptial agreements has been there for some time. But most people seem not to have much knowledge about another type of agreement couples can make known as postnuptial agreements.
Unlike prenuptial agreements, postnuptial agreements happen after a marriage has been formalized. A Paulding divorce attorney can help you draft a postnuptial agreement that is favorable to both sides.
What is a postnuptial agreement?
A post-nuptial agreement is almost similar to a prenuptial agreement. The only difference is that post-nuptial agreements are entered into during a marriage unlike prenuptial where the two partners sign the agreements before formalizing the marriage.
In a post-nuptial agreement, the couple agrees on how their assets and debts will be divided in the event of a divorce or death. In most cases, a Paulding divorce lawyer is usually involved in the drafting and signing of the agreement.
What makes a postnuptial agreement valid?
There are several things that must be contained in a post-nuptial agreement to make it valid. Here are the main requirements:
- Written: An oral post-nuptial agreement can’t be considered legally binding. You must get a Paulding county divorce lawyer and have it written.
- Voluntary: All parties signing the agreement must do so without any form of coercion. Any indication that a spouse was threatened to sign will invalidate the agreement.
- Fairness: a postnuptial agreement is not supposed to be biased to one side. There must be an element of fairness to both spouses.
- Disclosure: all parties must declare all their assets and liabilities before signing the agreement
Is it possible to make changes?
Yes, it is possible to change the contents or terms of a postnuptial agreement. All you have to do is to agree with your partner and talk to a Pauling county post nuptial attorney.
If you have already entered into marriage and are considering a postnuptial agreement, Law Offices of William R. Pike is always open for consultation.
