[vc_row][vc_column][vc_column_text]This post is the second of a two part series on pre and post marital agreements. If you haven’t already read part 1, I reccomend you do before continuing.
A post-marital agreement can do all the same things a prenup can. You can get a post marital agreement the day after your wedding, or decades later. One thing that is different about a post marital agreement is that it can address issues that come up during a marriage. There are people out there who, in fact, credit a post marital agreement with saving their marriage.
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Fairness and enforceability of marital agreements
For a pre or most marital agreement to be enforceable, it’s necessary that the court see it as equitable to both spouses. It is also essential that both spouses be completely transparent about their finances in the agreement. If at any time a judge has reason to suspect that one spouse is using the marital agreement to take advantage of the other, or there is evidence a spouse hid assets, they will invalidate the agreement.
Who are pre and post marital agreements for?
Not everyone needs a prenup. If you’re young, have few assets, and are going into your first marriage, there probably is no reason for you to get a prenup. One exception to this rule is if you expect a large inheritance, trust payout, or other influx of assets.
If one or both parties have significant assets, or it is a second or third marriage, a marital agreement may be more than a good idea – it may be foolish to not get one.
A marital agreement can also be used more generally as a tool to make it clear exactly what your wishes are in regard to your assets, your spouse, and any children you may be bringing into the marriage.
PJ Hartman has over 15 years of experience practicing family law in New Mexico, and is well versed in pre and post marital agreements. Call today to set up a consultation.[/vc_column_text][/vc_column][/vc_row]