A clear discussion about finances, assets, and inheritances for family members is critical for married people. Some people have these discussions prior to marriage, and they enter into prenuptial agreements that clearly delineate what will happen to their assets in the event of a divorce. However, even if you are already married, you could still enter into a legally binding marriage contract that could help you resolve future uncertainties.
Retaining a skilled Kent postnuptial agreements lawyer who understands how to draft a fair agreement could help. At Lutz & Associates, P.S., our dedicated marital agreements attorneys focus exclusively on family law, including divorce, custody, support, and marital agreements. We have decades of combined experience and focus on results through preparation and professionalism. We could help you understand more postnuptial agreements, so you might make informed, strategic decisions during a stressful time in your life.
What Is a Postnuptial Agreement?
A postnuptial agreement is similar in terms and form to a prenuptial agreement. However, the major difference is that a postnup is entered into after a couple marries, while a prenup is entered into before marriage.
In a postnuptial contract, the spouses determine what will happen in the event of a divorce. An effective postnup could specifically address how to divide marital or community property, so there is less uncertainty and contention if divorce occurs. It could also clearly outline which property is separate and thus not subject to equitable division. Postnuptial agreements could also clarify how to split up debts, which may be particularly important if one spouse incurs a large amount of debt during the marriage. When one spouse has a significantly higher income or takes time away from work to raise the children, a postnuptial agreement could address if and how one spouse will provide spousal support to the other. If you are considering entering into a postnuptial agreement, our Kent attorneys could meet with you to explain the legal process.
Reasons for Entering Into a Postnuptial Agreement
It is false to assume that everyone considering a postnuptial agreement is on the verge of divorce. Postnuptial agreements could offer advantages to couples facing many different scenarios, including:
- One spouse has received a large inheritance that they want to ensure stays in the family
- One or both spouses have children from a prior relationship and are concerned about the children’s inheritance
- One spouse has incurred significant debts due to gambling or other concerns, and the other spouse wants to protect their assets
- One spouse has experienced serious medical issues, which has caused them to think more about what would happen to their assets
Some couples fear discussing finances before their wedding; they do not want to offend their future spouse by suggesting they sign a prenuptial agreement. However, after they marry, they might determine that a postnuptial agreement would be beneficial.
A postnuptial agreement may spare a couple from suffering a highly contested and long, drawn-out divorce proceeding, and prevent anyone from losing out on their fair share of assets. According to the Pew Research Center data on divorce, divorced adults hold less household wealth than married couples but typically more than those who were never married at all—and postnup agreements likely play a huge factor in those outcomes. Our Kent attorneys are committed to minimizing conflict and working towards a peaceful resolution with an amicable postnuptial contract.
Enforceability of Post-Nuptial Agreements
Not all post-marital legal agreements are legally binding. A Kent court would carefully scrutinize your postnup agreement to ensure it is fair to both parties. In order to be fair, both spouses should fully disclose all their assets and debts. Postnup agreements must also be voluntary and entered into without coercion. According to Revised Code of Washington 26.16.120, postnups must be in writing, acknowledged, witnessed, and certified. They also cannot be entered into just to take away the rights of creditors.
Our seasoned Kent attorneys know what makes a post-marital contract enforceable and fair. We could use our skills and years of experience to ensure that the provisions of your postnuptial agreement are binding.
Contact a Post-Marriage Contract Attorney in Kent Today For Assistance
A postnup could help you address serious financial matters and even strengthen your marriage, so contact a knowledgeable Kent postnuptial agreements lawyer today to get the process started. At Lutz & Associates, P.S., our dedicated and experienced local attorneys provide steady guidance and clear communication. We would love to speak with you. Call us at (253) 471-7774 or reach out online today.
