Marriage should be about love and companionship, but that does not mean that the realities of life do not have to be considered. When one or both members of a couple are beginning a relationship with substantial money and property, prenuptial agreements are often signed to protect the rights of each person. This type of agreement helps to prevent legal issues down the road and it can even halt the plans of those people who attempt to marry only to get money from their spouse later on.
These agreements are not usually considered by those who marry before they achieve any success. When there is no savings or property, there is nothing to worry about protecting. However, life circumstances do change, making what was once unnecessary suddenly a necessity. In these instances postnuptial agreements are the answer.
Postnuptials are similar to a prenuptial agreement. The couple decides who should take control of each asset if a divorce occurs. They can also be used in the event of a death as well. These agreements typically require a fair division of the property and the agreement must be in writing in order to be valid.
Because there are a number of other requirements in order for the contract to be legally enforceable, it is often suggested that the forms be prepared by, or at least reviewed by, an attorney. This may not prevent all chances of legal action if a divorce does happen, but it strengthens the rights of each person to maintain their property.
Each state has its own laws regarding postnuptials and what is expected and allowed in the contract. For those couples who have had a form prepared in another state and have now moved, hiring someone to review the current contract to be certain it is legal is advised.
As a family law firm, Rohe, Twyman and Associates are legal professionals that are knowledgeable about what is required for prenuptial and postnuptial agreements. Trust in our experience is not just a motto, but a guarantee that your case will be handled respectfully and with attention to detail so you can be assured your rights are always protected.
