Information about post-nuptial agreements and enforceability

| Aug 13, 2020 | divorce | 0 comments

Some people feel that if a marriage does end, the divorce is less likely to be messy if the division of assets occurred before the nuptials took place. It is believed that prenuptial agreements have been around for at least 2,000 years while post-nuptial agreements are a more recent development and are gaining popularity. Here is some information about post-nuptial agreements and whether or not they are enforceable.

The difference between a pre- and post-nuptial is the timing: A couple negotiates the division of assets after the nuptials instead of before. It is no longer rare for a post-nuptial to be signed years after the marriage took place. The validity of pre- and post-nuptial documents depends on the state. Therefore, before submitting the document, it is important to check what the state of residence has to say legally.

Couples who decide to sign a post-nuptial agreement do not always do it because they believe that their marriage is going to end. Some couples do this in order to protect the family’s money. An inheritance can be protected, or the stay-at-home spouse may receive ownership of a family business. Parental gifts may be repaid, and in other cases, it may be a way to salvage a marriage. One of the reasons why post-nuptials are gaining popularity is because more couples are finding out about them.

Couples who are interested in learning more about pre- and post-nuptial agreements are advised to speak with a lawyer who practices family law and understands the tool. A survey conducted by the American Academy of Matrimonial Lawyers in 2015 found that couples who inquired about either document were most concerned about division of property. Alimony or spousal maintenance was next. To discuss options, a legal professional may provide the necessary guidance.