Legal Professionals of Hirsch & Ehlenberger

Should you consider a post-nuptial agreement?

On Behalf of | Jul 28, 2022 | Prenups and Postnups

No one enters into a marriage thinking that it will end in divorce, but the fact is that many marriages do end after couples drift apart or encounter difficulties they can’t resolve.

If you are worried about what would happen to your assets if you and your spouse divorced, you may want to consider signing a post-nuptial agreement. 

What are the benefits of signing a post-nuptial agreement?

A post-nuptial agreement is a contract signed by a married couple that outlines how their assets will be divided in the event of a divorce. While pre-nuptial agreements are signed before the marriage, post-nuptial agreements can be signed at any time during the marriage.  

There are many reasons why couples may choose to sign a post-nuptial agreement. For example, if one spouse inherits a significant amount of money or property during the marriage, they may wish to protect that asset in the event of a divorce. Or, if the couple has experienced financial difficulties due to one spouse’s gambling problem, the other spouse may want to negotiate their asset division in case the problem continues.

When it comes to drafting a post-nuptial agreement, there are a few key things to keep in mind. First, each partner needs to be upfront about their assets, debts, and liabilities. It is only then possible to start negotiating the division of assets and liabilities in the event of death or divorce. Second, both spouses should fully understand the terms of the agreement and be comfortable with the proposed arrangements. 

Taking these steps will help to ensure that a post-nuptial agreement is fair and equitable for both spouses. Experienced legal guidance can help you protect your interests.


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