Postnuptial agreements are becoming more and more popular for married couples. They are essentially the same as a prenuptial agreements, the only difference being that they are entered into after a couple gets married. Planning how to divide assets and liabilities in case of future divorce can be emotionally challenging for married couples, but doing so can simplify the legal process if their marriage dissolves.

If you have been asked to sign a postnuptial contract or simply wish to learn more about the advantages and potential drawbacks of entering into this type of contract, speak with a family law attorney from our team. A Milton postnuptial agreement lawyer can help you draft or review a contract with your spouse to ensure that it protects your future to the greatest extent.

Reasons to Enter a Postnup

It may be the case that a premarital agreement was considered but never formally entered into for one reason or another. Perhaps the engaged couple ran out of time before the wedding, or maybe one party backed out because they felt pressured or otherwise uneasy about the whole thing. On the other hand, a postnuptial agreement can be entered into at any point during a couple’s marriage.

These post-marital contracts are especially useful in protecting the assets a spouse brings to the relationship. A postnup agreement can specify under whose ownership those assets will remain either during the marriage or in the event of death or divorce.

If either spouse inherits assets during the marriage, this inheritance could be converted to “marital property” under certain circumstances. A Milton postnuptial contract attorney can help a married couple protect how their assets should be allocated both during and after their marriage.

Enforceability of Postnuptial Agreements

Before entering into a postnuptial agreement, it is best to secure legal representation from a Milton lawyer. A post-marital contract is legally binding on both parties and has the potential to significantly impact either spouse’s financial well-being after divorce. One of our diligent team members can help ensure that an agreement is valid and enforceable for the future.

Milton family courts have long recognized the enforceability of postnuptial agreements and must analyze certain factors to determine whether a contract is valid. If asked to enforce a postnup, a judge will look at the following criteria:

  • Whether any fraud, duress or misrepresentation, or nondisclosure of material facts played a role in obtaining the agreement;
  • Whether the agreement is unconscionable (i.e. extraordinarily unfair to one party); and
  • Whether the facts or circumstances have changed since the agreement was signed that would make enforcing it either unreasonable or unfair.

Generally speaking, a postnuptial contract will be enforceable if both spouses fully disclose all material facts relevant to the agreement during the drafting stages.

Get in Touch with a Milton Postnuptial Agreement Attorney Today

Entering into a postnuptial agreement is a good choice for many married couples who wish to prepare for the potential dissolution of their marriage. Consider reaching out to a Milton postnuptial agreement lawyer today to learn more about your legal options from a professional.

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