When to Get a Post-Nuptial Agreement
A prenuptial agreement is something that spouses enter before they marry. A post-nuptial agreement is drafted, formalized, and executed after the couple marries. A post-nuptial agreement typically spells out how assets will be divided if and when that couple gets divorced.
A post-nuptial agreement needs to be in writing and also has to have been entered into voluntarily by both spouses. Another important consideration to a post-nuptial agreement is that both spouses are expected to make full, fair, and complete financial disclosures regarding all of their assets, liabilities, and income.
The Sarasota divorce law firm of the Law Offices of Matthew Z. Martell, P.A. handles review, enforcement, and challenges to post-nuptial agreements. Our divorce attorney in Bradenton, FL will discuss your case with you to help protect your rights. Post-nuptial agreements are most common in the following scenarios:
One or Both Spouses Will Inherit Significant Assets – If one or both spouses expects to come into a significant inheritance, then a post-nuptial agreement is sometimes recommended to allow that spouse to retain what he or she inherits during the marriage.
One Spouse Has Adult Children From a Prior Marriage – A post-nuptial agreement can ensure that your adult children are able to obtain the appropriate assets following your death or a divorce.
One Spouse Owns a Business – You can potentially protect the income and assets you earn through a business operated solely by you during your marriage with a post-nuptial agreement. Such an agreement will help prevent one spouse from taking an unfair share of profits of a business which he or she did not work at or help with during the marriage after a divorce.
The Couple Did Not Sign a Prenuptial Agreement – Many spouses can be reluctant to enter prenuptial agreements because they are often viewed as being contemplative of a divorce before the marriage has even occurred. When there were major pre-marital assets in question, the post-nuptial agreement will sometimes become the alternative solution.
If you need help reviewing, enforcing, or challenging a post-nuptial agreement, then please contact the Sarasota divorce firm of the Law Offices of Matthew Z. Martell, P.A. as soon as possible. Our divorce attorney in Bradenton FL has helped people with their post-nuptial agreements which are needed to protect all of their assets.