When is the Right Time for a Postnuptial Agreement?

When is the Right Time for a Postnuptial Agreement?

Even if you didn’t sign a prenuptial agreement before getting married, it’s not too late to secure your rights if your marriage ends in divorce. An experienced postnuptial agreement lawyer can help you understand your rights and options for a postnuptial agreement. 

Couples have used prenuptial agreements for decades to set a clear path if they should ever decide to part ways. While it’s always beneficial to enter into a prenuptial agr.eement instead of a postnuptial agreement whenever possible, it’s never too late for a postnuptial.  Suppose you and your spouse want to learn more or are considering a postnuptial agreement. In that case, Aurora postnuptial agreements lawyers are here to help.

When Can Postnuptial Agreements Be Made?

While prenuptial agreements, also known as premarital agreements, must be made before the marriage becomes legal, couples can create a postnuptial agreement at any time after the marriage is legal. It doesn’t matter if the couple got married yesterday, 40 years ago, or anytime in between. 

When Should a Couple Consider a Postnuptial Agreement?

Couples who have recently experienced a lot of change in their relationship, a change in financial status, or both might want to consider a postnuptial agreement. These agreements are ideal when there are changes. Couples with children from a previous marriage should also consider a postnuptial agreement if they want to protect the interests of those children along with their own.

Couples use postnuptial agreements to agree on the terms of a divorce if one should ever become necessary. With a postnuptial agreement, they can:

  1. Plan for the division of assets and liabilities 
  2. Clarify provisions for spousal support 
  3. Address the handling of marital assets and liabilities, as well as assets and debts, brought into the marriage
  4. Decide how to divide their assets if one spouse dies—usually, one spouse is waiving their marital rights to property or other assets they would have otherwise had a legal entitlement to receive
  5. Establish a plan like a separation agreement which sets the guidelines for how things would go in a divorce, including plans for child custody, child support, and spousal support, and the division of assets and liabilities 

When you hire experienced Aurora postnuptial agreements attorneys for help, they will ensure that you include everything you can and want to include in your postnuptial agreement. 

Aurora Postnuptial Agreements Lawyers Can Ensure an Enforceable Agreement

If you’re going to go through the time and effort to make a postnuptial agreement, it’s essential to ensure it will be enforceable if you ever need to rely on it. To be enforceable, your postnuptial agreement should:

  1. Be in writing
  2. Be voluntary (signs of coercion will invalidate the agreement)
  3. Include a disclosure of all assets each spouse owns
  4. Each must disclose all their assets, liabilities, and income—if something is missing, untruthful, or not disclosed, the contract won’t be unenforceable.
  5. Be fair to both spouses
  6. Not be unreasonable or excessive
  7. Not violate public policy or any laws

Contact Seasoned Aurora Postnuptial Agreements Lawyers Today

Already being married shouldn’t preclude you from taking the necessary steps to prepare if your relationship should end in divorce. At CNL Law Firm, PLLC, we can help you understand your options for a postnuptial agreement and execute one that will serve your needs and be enforceable. Get started on yours today by calling (720) 370-2171 or complete our online form to receive your free consultation with knowledgeable Aurora postnuptial agreements attorneys today.

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