While marriage is generally intended to be a lifelong commitment between two people who love each other, that doesn’t always work out. Some marriages experience significant hiccups and roadblocks that can shake the foundations of your relationship. Financial manipulation, secrets, a lack of commitment, and infidelity are just some of the potential causes of friction. Instead of divorce, you may want to reach out to a Missouri divorce lawyer about a postnuptial agreement.
When you get married, it is not uncommon to take extra precautions to safeguard your premarital assets with some legally-binding paperwork. In the event of a divorce, you will thank yourself for having the foresight to put such protections in place. Generally, this protection takes the form of a prenuptial agreement, also known as a prenup. A prenup will lay out how assets will be divided in a divorce and protect your assets if your spouse violates certain clauses.
What Exactly Is a Postnuptial Agreement?
A postnuptial agreement or postnup, is very similar to a prenuptial agreement, with the primary difference being that a postnup is drafted during the marriage, not before it. You can decide to get a postnup at any point during your marriage, and it will have similar asset-protecting abilities afforded with a prenup. Some partners may be immediately offended or resentful of the very mention of a postnup, but you should insist on a discussion if you fear for your assets.
There is nothing wrong with wanting to discuss financial security in your marriage. If your spouse is reluctant to talk about money, starts fights, or otherwise tries to avoid talking about money, you may have bigger relationship problems that need to be addressed.
What You Can Include in a Postnuptial Agreement
When you and your spouse decide to move forward with a postnuptial agreement, you want to make sure that the postnup accurately reflects the marital protection you are hoping to receive from it. It may be safe to say that if you are considering drafting a postnup, your marriage is on admittedly shaky ground. There may be a chance that your marriage won’t survive without strict financial guidelines established through a postnup.
It is important to note that a postnup in Nebraska cannot include anything about child custody or visitation rights, anything that goes against public policy, anything that is illegal, or terms that are deemed unfair or unjust to one spouse. A postnup is drafted largely to protect one spouse’s marital assets in the event of a divorce. There are many potential reasons why you may want to create a legal contract granting certain financial protections.
If you do end up getting divorced with a postnup in place, the details of the postnup will greatly affect how the assets are divided. If your spouse violates any clauses, such as an infidelity clause, they may no longer be able to claim as much as they expected in a divorce. For a postnup to be considered enforceable, it must contain the following elements:
- Full disclosure of assets. When you decide to draft a postnup, it is vital that you and your spouse disclose every possible asset, including any forms of income, inheritances, and even outstanding debts. If it is discovered that one partner lied about their assets, it could render the postnup void in the event of divorce.
- Voluntary involvement. Both partners have to agree to do this of their own free will. You can’t force your partner to sign a postnup. If it is learned that one partner was coerced into signing or threatened, it would render the postnup null and void.
- In writing. An enforceable postnup must be in writing, or it won’t hold up in divorce court.
- A postnup must be considered fair and balanced for both partners and not skew towards one specific partner in terms of asset division or other financial agreements.
FAQs
Q: Can You Contest a Postnuptial Agreement?
A: Yes, you can contest a postnuptial agreement, especially if you believe you were threatened or coerced into agreeing to one. If you are able to prove that you were forced to participate in a postnuptial agreement against your will, you may be able to void the prenup entirely. It will take work and the help of an experienced family law attorney.
Q: How Is a Postnup Enforced in Missouri?
A: A postnuptial agreement is only enforceable in Missouri if it meets certain legal standards and requirements. To help meet these standards, it is recommended that you enlist the help of an experienced family lawyer to oversee the creation of the postnup itself. In Missouri, a postnup can only be enforced if both partners participate in it of their own free will, it is in writing, is fair, and is notarized properly.
Q: Do I Really Need a Postnup?
A: Only you can decide if a postnup is a valid option for you and your marriage. A postnup is usually only considered if one spouse has done something to jeopardize trust and threaten the marriage. Depending on your own situation, a postnup may be a way for you to start building back some of that trust. Ultimately, it is your decision.
Q: Will a Postnuptial Agreement Impact My Divorce?
A: Yes, a postnup will definitely impact your divorce, particularly when it comes to dividing assets. It depends entirely on the various stipulations and clauses that you’ve included in the postnup and whether or not your spouse has violated those stipulations. For example, if your spouse were to break an infidelity clause in the postnup, that might prevent your partner from claiming a substantial chunk of the assets.
Contact a Lawyer Today
Drafting a postnuptial agreement will not be easy, and you might want a lawyer’s assistance just to ensure it goes as planned. The last thing you want is to accidentally create an unenforceable postnup because you missed a crucial element in the drafting process. A good lawyer can help you get what you need out of a postnup. Reach out to a team member at Stange Law Firm to learn more about how we can help you.
