On behalf of Stange Law Firm, PC posted in Property Division on Tuesday, September 4, 2012.
Divorce can get messy. There’s dividing up property, figuring out child custody and visitation schedules and coming to some sort of agreement on just how any marital debt should be taken care of. Without having an agreement beforehand on what to do in the case of a divorce, these issues can end up being drawn out in court with each spouse racking up litigation costs.
This is why more couples who did not create prenuptial agreements before walking down the aisle are now starting to create them after already being married. These postnuptial agreements, which are sometimes referred to as post-marital agreements, specifically spell out the terms of a divorce, such as child support, property division and alimony.
What this would mean for a husband, is if he could never picture parting with the family dog, in a postnuptial agreement he could clearly have it stated in the contract that Fido is his. Or, if there are ever any fears regarding getting to spend enough quality time with the children after a divorce, the postnuptial agreement could lay out custody and visitation.
Some fear that by creating a postnuptial agreement a couple is basically saying there will be a divorce in the future, but this is not the case. Rather, creating this type of agreement simply provides security, which could even end up reducing some of the stress in the marriage.
These types of agreements are also legally binding, which is why it’s important to work with an attorney to create the contract. Our firm has experience drafting, reviewing and litigating prenuptial and postnuptial agreements. To learn more, please visit our Belleville family law page.
Source: ABC, “Postnuptial agreements becoming more common, signed after couples get married,” Ric Romero, Aug. 29, 2012