Establishing Postnuptial Agreements
Planning for the Future
A postnuptial agreement or “postnup” is very similar to a prenuptial
agreement in that its purpose is to protect the individual and joint assets
of either spouse in the event of a divorce or death. These legal documents
are used to define the title of property acquired during the marriage
so there is no confusion or quarrel. This type of agreement is made during
the marriage and it helps the couple to have financial clarification so
they can live out their married lives with peace of mind. It also helps
to resolve conflict when there are problems in blended families which
have children or assets from a previous marriage. In order for a postnuptial
agreement to be seen as legally valid, you must be completely honest and
truthful when listing out all of your assets and debts and the agreement
must be fair to each spouse. If the contract was drafted under coercion
and force and was not implemented willing by one of the spouses, then
it could be seen as invalid.
The laws regarding what is considered marital property and non-marital
property are quite involved and certain assets can end up being lost in
a divorce even though one spouse expects they would legally belong to
them. These laws can be quite inflexible yet do provide for the preventative
measure of a written agreement to determine the ownership of certain assets.
Having a postnuptial agreement can be a very helpful asset that you can
use to protect you and your children and the assets that matter most.
In the event of a contested divorce, this could save you from having to
spend money on costly litigation. So take legal action today! A qualified
divorce lawyer from The Karenko Law Firm PLLC can help you to devise
an agreement that meets the detailed requirements of the law and will
protect your assets in the event of
divorce or death.
When you need assistance from a legal representative who is both highly
skilled as well as sensitive to the issues you are addressing, I, Attorney
Karenko, can help. My thorough knowledge of the legal intricacies of financial
matters of a divorce allows me to provide effective service. Not only
can I help draft a postnuptial agreement, I can also review them to ensure
your rights are protected before you sign one. My firm is also able to
provide you will assertive legal protection if your ex-spouse is trying
to challenge the enforceability of the agreement after a divorce or if
a relative is trying to contest it after the death of your spouse.
Reduce the Friction Between You & Your Spouse
Postnuptial agreements are valuable if your financial status changes at
all during the marriage and one has received an inheritance, had a significant
increase in income, started a business, and especially if you have decided
to separate. As Texas does not allow for legal separations, a postnuptial
agreement can provide guidance regarding financial agreements in the event
of a separation. It can encompass both assets and liabilities and in the
event of divorce, form the basis of the settlement. A postnuptial agreement
is a contract between spouses that can actually strengthen the relationship
and ease any tension they may have had on the subject of assets and property.
This can thus save the couple tremendous amounts of time, money and upset
later on. Even without an imminent separation, a post-nuptial agreement
can help to reduce friction between couples if there is tension regarding
their finances, shared or otherwise.
Contact my Galveston County office today for help with your postnuptial
agreement. My firm offers a
free case evaluation to any potential client.