Postnuptial agreements are similar to prenuptial agreements but are created after a couple is married. Postnuptial agreements are also known as “post-marital agreements” or “postnups.” A postnuptial agreement is a contract created by spouses that provides for the distribution of assets and/or other marital obligations such as spousal support or alimony in the event of a divorce.
If you are currently married and believe you would benefit from a postnup, you should discuss your rights with an experienced Boston postnuptial agreements lawyer. A skilled marital agreements attorney can listen to your concerns and help you draft the right arrangement for your circumstances.
How Do Postnuptial Agreements Work?
Postnuptial agreements often help parties reconcile and avoid divorce by alleviating the risks posed to one spouse for staying married. Postnuptial agreements can be beneficial when:
- at least one or both parties have children from prior marriages or relationships, and no prenuptial agreement was signed
- one or more of the parties owns a profitable business
- one or more of the parties either expects or has recently received a large inheritance
Postnuptial agreements often provide for the following in the event of divorce:
- the waiver of alimony or spousal support
- the amount of alimony or spousal support or other divorce related payments
- the identification of separate property that will not be part of the divorce settlement
- waivers of interests in the other spouse’s probate estate
The State Probate and Family Court (divorce court) typically weighs the following factors in determining whether a postnuptial agreement is valid and enforceable if the spouses eventually divorce:
- whether each spouse had the opportunity to obtain separate and independent legal counsel of their own choosing.
- whether there was fraud or coercion in signing the agreement.
- whether all assets were fully disclosed by both spouses before the agreement was signed.
- whether each spouse knowingly and explicitly agreed in writing to waive their right to an equitable division of assets and alimony or spousal support in the event of a divorce.
- whether the terms of the agreement were fair and reasonable at the time of the agreement is signed.
- whether the terms of the agreement remain fair and reasonable at the time of the divorce.
A seasoned Boston attorney could help someone manage these factors and assemble a compelling postnuptial agreement.
Speak With a Boston Postnuptial Agreements Attorney for Best Results
If you have signed a postnuptial agreement in the past and are now contemplating divorce, you should consult with an experienced legal team member to discuss the enforceability of the contact. A Boston postnuptial agreements lawyer could answer questions, assess your family’s situation, and help create the arrangement that works for your needs. Call today to get started.
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