What is a Post-Nuptial Agreement?
A post-nuptial agreement is an agreement that may be signed by a couple when want to remain married, but make provisions for some or all of their assets. The couple decides how they will divide their assets and income. This can include any asset – a house, income, business or anything of importance that they may want to include. The post-nuptial agreement is a written, not an oral, promise. It is intended to be a fair disclosure for both parties involved. It must be a voluntary agreement and neither of the parties can be under duress, bribery or persuasion while signing and agreeing to the post-nuptial agreement.
Should a Post-Nuptial Agreement be Written by an Attorney?
A post-nuptial agreement should ideally be written or reviewed by an attorney. There are numerous legalities in these types of agreement which may be overlooked if it is not written up by an attorney. Since both parties are releasing or relinquishing rights to the other’s assets and income, it is best that they get separate advice and be represented by separate attorneys. This will make it more difficult to prevent invalidation of the agreement in court by either party.
Does a Post-Nuptial Agreement Include Child Support and Time-sharing With Minor Children?
The post-nuptial agreement can contain a Parenting Plan and Child Support Guidelines, which would regulate the time-sharing with any minor children, but this is not a requirement for the post-nuptial to be valid.
Can the Post-Nuptial be Our Divorce Agreement?
Yes. If the parties who have entered into a post-nuptial later decide to get a divorce, the post-nuptial can become the marital settlement agreement of the parties if it has been properly prepared to serve the function. Making sure all future potential issues between the parties have been factored in when signing a post-nuptial is yet another reason to seek the advice of an attorney before drafting and signing a post-nuptial agreement.
Rooney and Rooney Law