Postnuptial Agreement in Huntsville

Most people are familiar with prenuptial agreements in this age where divorce is so common. When you want to plan for the worst-case scenario (the end of your marriage) before it even begins, you and your significant other consider a prenuptial agreement to determine requirements within the marriage and asset division afterward. A postnuptial agreement deals with many of the same topics, but it is drawn up after the wedding occurs.

Common controversy regarding a postnuptial agreement is that a couple who wants one may think their marriage is already on the rocks. But the marriage’s impending end isn’t the only reason a postnuptial agreement may be an option. If a spouse is behaving poorly or spending excessively, the other spouse may want to protect property or rights. Even in a thriving marriage, a complicated financial situation can lend itself to a post-nuptial, simply to simplify responsibilities of each spouse.

Like a prenuptial agreement, the postnuptial contract requires two separate lawyers, as using the same one would be a conflict of interest, and a single lawyer may make the contract unenforceable in some states. Unlike a prenuptial agreement, postnuptial agreements are entered into between spouses; and judges consider spouses to have a higher responsibility to each other than fiancés, so when investigating a postnuptial agreement, a judge will be extremely thorough, especially to see if full financial disclosure has been met.

If you think a postnuptial agreement will be a useful thing to add to your marriage, contact the experienced family law attorneys at New Beginnings Family Law today for a consultation.