Postnuptial Agreement in Huntsville

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.

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