When you get married, you assume that you are going to be married forever. When this doesn’t happen, you might think about what you are going to do about all of the items you have accumulated during your marriage. If you had a premarital or postmarital agreement, you can fall back on those terms to handle the property division.
Some people don’t think about premarital agreements when they are engaged. Even though this might seem troublesome, it isn’t the end of the world. Once you are married, you and your spouse can come to an agreement about what will happen if you divorce. This doesn’t have to be anything contentious. Instead, this process should focus on being mutually beneficial since you are currently married.
One reason why you have to have a mutually beneficial arrangement is because the court will look closely at the agreement. If it seems as if one spouse was treated unfairly, the court might throw the agreement out.
There are several considerations of postnuptial agreements that have to be thought about if you are in the midst of making one. Making sure that the agreement is legally enforceable is something that both spouses should ensure is done so that the agreement can be used in a divorce.
If you have any questions or concerns about a postnuptial agreement, be sure to get those answered before you sign anything. Make sure that your spouse knows what is included in the agreement. Nothing should be signed under duress or unless you both know what is contained in the agreement.
Source: FindLaw, “What Is a Marital Property Agreement?,” George Khoury, Esq., accessed Feb. 10, 2017