Even in the best circumstances, marriage is often a challenging experience. Spouses learn many lessons from each other and from the marriage itself, and along the way, disagreements are certain to arise. When they do, a postnuptial agreement might be the right decision for you. Whatever your reason for considering a postnuptial agreement, it is important to work with an experienced Mokena postnuptial agreement lawyer during the process.
Postnuptial agreements, much like their prenuptial cousins, must meet certain requirements to be enforceable. Postnuptial agreements are not for everyone, but understanding some of the basic requirements for a postnuptial agreement may help you in the process of determining whether one is right for you and your marriage. To discuss further, or learn more consult with a family attorney in Mokena today.
Throughout a marriage, many things can change: jobs, kids, assets, and even feelings. One reason couples often create postnuptial agreements is to help them work through problems with these or any other components of a marriage. For instance, if one or both spouses is worried about specific assets acquired during the marriage, then creating a postnuptial agreement with the assistance of a Mokena postnuptial agreement attorney as to how those assets will be handled in the event of a divorce may help them feel more secure.
Postnuptial agreements are sometimes used to address the behavior. Postnuptial agreements can neither be used to force anyone to do anything nor justify illegal activity, but they can be a way of setting out clear expectations for both partners in a formal manner.
Other couples may be at the point of divorce and will look at creating a postnuptial agreement to expedite the divorce process. This can save time, money, and energy during a divorce.
Like prenuptial ones, postnuptial agreements must be in writing and signed by both parties. Neither party can be coerced into signing it or be forced to sign under duress, lest the agreement be considered invalid. The agreement can be used to determine how assets acquired individually and jointly during a marriage will be divided.
While postnuptial agreements can include arrangements for child custody and related matters, a court is not bound to accept the agreement. It will still review these topics and ensure that the best interests of the child are being met. A postnuptial agreement cannot be used to modify child support payments.
Ideally, both parties should have separate legal counsel as well. This helps make it more likely that nuances within the law are adhered to and that the postnuptial agreement is enforceable.
It is often easy to overlook certain things like retirement accounts, life insurance policies, or other benefits-related considerations that can be an important part of a postnuptial agreement. Postnuptial agreements can be complicated, so it is important for both parties to ensure they are advocating for their rights and not giving away important rights or concessions that could adversely affect them.
Often, postnuptial agreements can have significant financial consequences for both spouses. There are also many other key factors to consider with postnuptial agreements that may also have serious implications for both spouses if overlooked.
These agreements can certainly be intimidating, but they do not have to be. A caring, approachable Mokena postnuptial agreement lawyer may be able to help you better understand the basics of a postnuptial agreement and what one might mean for you.
If you are considering a postnuptial agreement or have any related questions, get in touch with a dedicated postnuptial agreement attorney in Mokena today.