Postnuptial Agreement – Part 2

Could a Postnuptial Agreement Save Your Marriage?

Many couples cite financial issues as a cause of friction and argument in their marriage. A postnuptial agreement can help spouses feel more financially secure and decrease stress.

Is a postnuptial agreement the right fit for you?

People never stop changing. If your spouse’s spending habits change after you get married, a postnuptial agreement might be a good way to protect your assets, and safeguard your future as a couple.

What can a postnuptial agreement cover?

There are a few things postnuptial agreements cannot do. Generally speaking, they cannot deal with issues of child custody, child support, or alimony. They cannot encourage divorce, require either party to do anything illegal or unethical, or be excessively unfair and one-sided. If a court finds that a postnuptial agreement violates these rules, it likely will be invalidated by a judge. The manner in which the postnup is created is also important. It must be legally acknowledged by both parties, and it must be notarized.

It is also a good idea for both spouses to retain a lawyer to advise them regarding their postnup. One lawyer cannot represent both spouses, as that would be a conflict of interest. Not only does representation prevent either party from being taken advantage of, but courts tend to look unfavorably on postnuptial agreements where only one spouse was represented by an attorney, and the agreement might not be enforceable.

If you’re having problems with your spouse or in your marriage, but want to stay married, a postnuptial agreement may help you. Contact PJ Hartman today to answer all of your questions regarding postnuptial agreements, and find out if they might be a good fit for you.