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Although less common than their prenuptial counterparts, postnuptial agreements are a useful tool for married couples who seek legal clarity in their relationships. These documents set expectations for each party should the marriage dissolve. While they contain the same types of terms as a prenup, these contracts are unique in that they are executed after a couple marries.
If you believe this type of clarity would benefit you and your spouse, now is the time to seek legal counsel. A compassionate family attorney from our firm could answer your questions and advise you of your options. Instead of leaving things to chance, it could be in your best interest to seek help from a Charlotte postnuptial agreements lawyer.
Much like prenups, postnups can address various aspects of a married couple’s relationship. The key distinction between these two options lies in the timing of the agreements, as postnups are executed after the couple is already married. While state law offers considerable flexibility regarding the content of these agreements, they typically involve matters pertaining to property and debt distribution in the unfortunate event of separation or divorce.
Postnuptial agreements may incorporate provisions concerning spousal support. However, it is essential to note that terms related to child support and custody cannot be included. These documents can also set guidelines for the division of marital property, including identifying whether an asset is owned jointly or by an individual.
In addition to financial considerations, these contracts also offer an avenue for outlining actions to be taken should one spouse engage in infidelity. This enables both parties to establish clear financial safeguards for the affected spouse while promoting loyalty within the marriage through specific consequences for unfaithful behavior. Our Charlotte attorneys could help a couple further understand what provisions can be included in a postnuptial agreement and which terms may be most beneficial for a specific situation.
There are different reasons why a couple might decide to execute a postnuptial agreement. In many cases, these documents are used to set expectations following a marriage when the couple did not have time to reach a prenuptial agreement. However, there are also situations that can arise during the course of a marriage that could make them desirable.
Many people choose these marital contracts because of the complex nature of small business ownership. Often, businesses must liquidate their assets in order to provide both spouses with equitable value. Unfortunately, this can be damaging to certain enterprises. For that reason, some spouses seek to have their business declared separate property to avoid the risk of liquidation.
These contracts involve more than just matters of property or assets. They are also particularly useful when one spouse accrues substantial debt during the course of the marriage. A postnuptial agreement could be used to shield the other spouse from the burden of that debt upon divorce.
While postnuptial agreements are often used as a tool for couples that intend to stay together, they can also be helpful for those who have already decided to separate. Some spouses who are already set on divorce negotiate the terms in the form of a postnuptial agreement before filing the petition to dissolve the union. This is done in part to ensure privacy during a difficult time. In this scenario, these documents can also provide terms for both parties if they reconcile. Working with a Charlotte postnuptial agreements attorney is the best way to determine whether this type of contract is right for your situation.
While this subject can be sensitive for some people, it can also provide welcome clarity for couples who feel as though they are not on equal financial footing. If you are considering your legal options, reach out to a Charlotte postnuptial agreements lawyer as soon as possible.