More and more people are signing premarital agreements, but many still worry that a prenup might increase the chan...Read more
Both pre-and postnuptial agreements can protect married spouses if their marriage ends in divorce. Even if you didn’t have a prenuptial agreement, you could always make a postnuptial one. Speak to a family lawyer to determine if one might be right for you.
While prenuptial agreements or prenups can only be drafted and signed before a couple ties the knot, a married couple can enter into a postnuptial agreement after they are legally wed. Just because a couple is married, whether it be a few weeks or several decades, doesn’t mean that they can’t protect themselves financially should their marriage fall apart in the future. Postnuptial agreements provide a path to do this, but who should consider such an agreement? It’s best to speak with our Aurora postnuptial agreement lawyers to determine if one is right for you. These are reasons you might want to consider a postnup.
Aurora postnuptial agreement attorneys strongly recommend postnuptial agreements to couples when one or both spouses have significant assets that they came into the marriage with or if they expect to inherit substantial assets in the future. Such an agreement can ensure that each spouse leaves the marriage with what they brought into it and can protect a large inheritance from the divorce process.
Income and assets either spouse earns during the course of the marriage can be protected with a postnuptial agreement. Spouses who own their own companies should have a postnup. Without one, the other spouse could have the legal right to a percentage of the business or its earnings upon a divorce. The spouse who owns the business has a lot to lose in this situation. Postnuptial agreement should also take into account any business contracts, such as buy-sell agreements, that exist.
If you have a blended family, you can use a postnup to ensure your children will receive your share of assets if you die or divorce. Typically, states give the estate of a spouse to the other spouse upon their death. If the deceased spouse hasn’t executed any legal documents that provide their children rights to their estate, they will likely lose out unless the living spouse chooses to divide it with them. Aurora postnuptial agreement lawyers can advise you on how to make your wishes legally binding.
Many couples go into a marriage believing that prenups are silly, they have nothing that needs protecting, and their marriage will last forever. They don’t want any hard feelings or the awkwardness of arranging a prenup. Once the marriage has settled into a routine, one or both spouses might realize they were mistaken and change their mind.
The trusted attorneys at the CNL Law Firm can help you create a postnuptial agreement that covers your needs and will be enforceable by the court. Call (720) 370-2171 today or complete our online form to learn more about how our Aurora postnuptial lawyers can help you.