Reasons married couples compose postnuptial agreements

On Behalf of | Aug 27, 2019 | Marital Agreements

Many married Tacoma couples do not like the notion that their unions are not going to be permanent, but it is very possible to not see a divorce coming, which is why it helps to have a prenuptial agreement on hand that addresses issues that might come up in a divorce. Still, if you are married without a prenup, you can still compose a postnuptial agreement that addresses many of the same issues.

Forbes explains that a prenuptial agreement is made before couples are married. Not every prenup is the same, but usually, they address how assets are divided if the couple divorces. Prenupitals can also lay out various estate requirements, such as how assets are distributed upon the death of one or both spouses. Other issues can include the distribution of debt or amount of alimony.

If a couple gets married without a prenup, the spouses can still address these same issues through a postnuptial agreement. Spouses draft postnuptials for a number of reasons. Sometimes couples create one because there was little time to compose one before the wedding. These postnuptial agreements that are made early in the marriage generally address the same issues that would have been dealt with in a prenuptial document.

Later postnuptial agreements, ones composed five or more years into the marriage, can come about because the spouses see problems developing in their marriage and they want to start clarifying and settling some of their issues before the discord evolves into a marital breakup. Postnups can even help save a marriage from divorce by resolving financial issues or other areas of disagreement.

This does not mean that postnuptial agreements always work out. As with prenuptial agreements, a postnuptial can severely disadvantage one of the spouses if the spouse takes on too many financial burdens, such as paying the bulk of the marital expenses, while signing away rights to marital property or financial support. FindLaw explains that courts may deem these provisions unconscionable and void them or perhaps the entire agreement.

Because postnuptial agreements have their pitfalls, making sure a postnuptial is fair and passes legal muster is crucial to preventing a long drawn out divorce or perhaps keep a divorce from happening at all. Some couples ask an attorney for assistance so that they have added assurance that their agreement has a good chance of being enforced.