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Postnuptial agreement
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Our law firm LZ Legal Services co-counsels with local attorneys who are experienced in your legal issues to provide dedicated legal services. Easily schedule calls and track progress through your LegalZoom account.
Your dedicated attorney will review your information then upload a customized document or recommendations to your account so you can download and sign or notarize, if necessary, to make it official.
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What should a postnuptial agreement include?
Postnuptial agreements should include details about the couples' financial matters, assets, property, and what happens to them in the event of a divorce. These include:
Spousal support
Which spouse will owe support, and how will that amount be determined?
Debt ownership
Who will be responsible for debts acquired both before and during the marriage?
Separate property
What will be considered marital property, and what will belong to one spouse only?
Rights of children from previous marriages
What will happen with child support or child custody of children from a previous marriage?
Fidelity clauses
What happens if a couple divorces due to infidelity?
Prenups and postnups both essentially serve the same purpose—specifying what happens to money, assets, and even debts if you divorce. However, there are some benefits to going with the postnuptial agreement over the prenuptial agreement.
Postnup
Lets you focus on more romantic aspects of wedding planning
Can make one in response to financial changes during your marriage
May feel less like an ultimatum since you're already married
Prenup
Needs to be part of the wedding planning to-do list
Must make the agreement based on your financial situation before marriage
Could feel like an ultimatum if not presented with sensitivity
When should I get a postnuptial agreement?
Any married couple can consider a postnuptial agreement. But it might be an especially good idea when certain situations arise.
Unexpected inheritances
An influx of assets or new property means it might be time to make your own future plans
Major financial changes
Sudden increases in wealth or debt are a good time to take a look at financial matters as a couple
Starting a business
New ventures usually mean changes in your financial circumstances
Temporary separation
If you and your spouse decide to live apart, you may consider new marital agreements
If you're unsure whether or not a postnup would benefit you, an experienced attorney can advise.
Should I use a lawyer to draft my postnup?
It is possible to draft a postnup on your own but if you make any technical errors or a court finds evidence of coercion or disproportionate terms, it may be unenforceable. In the event of a divorce, it's up to a judge to decide if the postnup is fair for both spouses. Additionally, certain states have their own specific and complicated requirements. Consulting with an attorney to create your postnup can help you avoid issues later.
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