Prenuptial agreements are supposed to be made and signed before a couple gets officially married. However, there is another way to acquire this type of document. After marriage, couples can opt to get a postnuptial agreement. This is essentially the same concept as a prenuptial agreement. The only difference is that this document is made after the marriage is already legal.
If couples have missed out on the opportunity to get a prenuptial agreement or simply did not see it as necessary before marriage, they are still able to make one after their wedding ceremony. They may choose to do this due to a variety of reasons. The same concepts are outlined in a postnuptial agreement that is included in a prenuptial agreement. With these documents, couples have the opportunity to claim certain possessions as their own. This is to ensure that if divorce ever became a possibility they would not put that possession at risk and lose it in the divorce proceedings.
What do these agreements include?
Prenuptial and postnuptial agreements include a list of all assets that are intended to be split between spouses. It can address inheritance, appreciation of property, spousal support, real estate and fidelity. These agreements should not include any information regarding the children between the two individuals. The documents should not include mention of child support or child custody since they are not to be decided at this time. These matters will be handled in court or mediation if divorce becomes a possibility.
In order to ensure that these agreements are legally binding, it must be in the form of a written document. Both parties had to voluntarily agree on getting the agreement and agree to the arrangement that is stated in the document. The agreement must prove to be fair and just for both spouses involved. When it is decided upon, it must be notarized to prove that it is a legalized document that both spouses must abide by.
Why do people decide to get a postnuptial agreement?
After couples are married, their assets may have changed. One spouse may have recently acquired a high net worth or a business. This could incline them to consider the binding document. One spouse may have inherited money or other possessions from a family member or loved one. They may wish to protect this asset by getting a prenuptial agreement signed by both parties.
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.