May 20, 2022 Divorce
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Many people do not sign prenuptial agreements before they get married, either because they believe they are unromantic or they do not think their circumstances require such a contract. However, after your marriage, your financial circumstances might change, and you might wish that you had set terms to protect yourself and your assets in case you get divorced. The good news is that you have the ability to sign a postnuptial agreement at any point during your marriage. If you would like to discuss a possible postnuptial agreement and its benefits, contact an Aurora family law attorney today.
Whether you entered into a prenuptial agreement when you were married or not, as the years pass, your financial situation naturally evolves. As you watch your lives unfold, you may recognize that your prenup is no longer especially pertinent (if you have one), or you may come to realize that a postnuptial agreement would be a useful tool for protecting your separate assets if your marriage were to end in divorce or upon your death.
A postnuptial agreement is much like a prenuptial agreement, but it is entered into while you are married. Prenups, on the other hand, are contracts drafted and signed before your marriage is official. As your circumstances change and evolve, a postnuptial agreement allows you the opportunity to tighten your plans and confirm that you and your spouse are on the same page about future financial decisions. In order to be effective, both you and your spouse must be completely forthcoming about your finances, as well as sign the agreement voluntarily and with the help of legal counsel.
While you can address many subjects and terms in a postnuptial agreement, you generally cannot set out plans for child custody or child support. These issues are based on the best interests of the child at the time of the divorce, and the law does not let you plan ahead for these decisions, with rare exceptions.
Your postnuptial agreement can, however, set out terms regarding a variety of issues that can arise in the event of divorce. These include:
You can tailor your postnuptial agreement and draft terms that apply to your specific situation. An attorney can evaluate the important issues to address and draft a postnuptial agreement that is enforceable and effective with your interests in mind.
We are experienced postnuptial agreement attorneys in Aurora who are committed to helping you draft an agreement that protects your assets and works for you, while also honoring the inherent value of your marital bonds. To learn more from the team at CNL Law Firm, PLLC, please contact us online or call us at (720) 370-2171 to set up your consultation.
CNL Law Firm, PLLC focuses on helping families regain peace of mind during legal circumstances.