Postnuptial Agreements Demystified
By now, you most likely appreciate the expression, “living life in the fast lane.” Before you knew it, you were married and whisked away to your honeymoon. Now that you’re back from your honeymoon, you and / or your spouse realized you should have entered into a Prenuptial Agreement. Now that you’re married, did you know you still can enter into a Postnuptial Agreement?
A Postnuptial Agreement is only entered by a married couple. The reason to enter a Postnuptial Agreement may vary and may include the following reasons:
· One or both spouses owned certain assets / liabilities prior to the marriage
· One or both spouses owns a business which they started prior to the marriage
· One or both spouses received or will soon receive an inheritance
A Postnuptial Agreement may also be used to “improve a marriage,” rather than separating and / or filing for divorce. Please note that a Postnuptial is different from a Separation Agreement, which is only filed along with a divorce. If divorce is not the option, then a Postnuptial should be considered.
Just as in Prenuptial Agreements, both parties must enter the agreement without any form of fraud and / or coercion. A Postnuptial Agreement should also be fair and reasonable, with full disclosure of both spouse’s income and liabilities. Similar to Prenuptial Agreements, the Postnuptial Agreement must be fair and reasonable both at the time of execution and enforcement. However, what constitutes fair and reasonable for a Postnuptial Agreement is different than what constitutes fair and reasonable for a prenuptial agreement.
If you are having second thoughts about marriage or you are considering a Postnuptial Agreement, Fernandez, Socci & Nieves Family law has a combined 60+ years of experience in family law, including Postnuptial Agreements.
It would be best to contact us so that we can discuss what a Postnuptial Agreement does cover and what it does not cover if a divorce were to be filed in the future. You can easily contact Fernandez, Socci & Nieves Family Law, based in North Andover, MA, which also serves Methuen, MA and surrounding areas, at 978-681-5454 or firstname.lastname@example.org . Fernandez, Socci & Nieves Family Law is licensed in Massachusetts and New Hampshire. The law firm was recently recognized as a “Best Law Firm” from US. News & World Report for 2019, for 3 years in a row. If you are considering divorce, or have other family law-related concerns such as child custody, mediation / arbitration, modifications, pre-nuptial / post-nuptial, and paternity matters, consider contacting Fernandez, Socci & Nieves Family Law.
For a family law and divorce consultation in North Andover, MA,
contact us at Fernandez, Socci & Nieves Family Law
(978) 681-5454 email@example.com
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