Post Nuptial Agreement Saves Marriages

2008-04-24 10:39:30

( Health )



You may have entered into a prenuptial agreement which sets out the division of assets, custody of children, including visitation rights and other matters relating to your marriage. But sometimes there are changes in the circumstances of your marriage that may warrant another written agreement. This is where a legal document called post nuptial agreement becomes valuable between spouses.

While it may seem oxymoron for spouses who want to save their marriage and yet they also would like to prepare for the eventuality of their divorce, a post nuptial agreement can actually make marriages more harmonious and allow couples to clarify and resolve certain financial and marital issues. In fact, it is even a practical thing to do especially for couples who have acquired substantial amount of properties during their marriage. The necessity to sign a post nuptial agreement usually arises when spouses want to stipulate in writing the ownership of the assets, or who would get the business in case of divorce.

Although it is not against the law to enter into a post nuptial agreement, some state laws do not favor this kind of contract. It is highly recommended that you consult with a matrimonial expert in your state to know about the rules applicable in your circumstances. But post nuptial agreements that only intend to modify and clarify certain issues written in a prenuptial agreement will most likely be viewed favorably.

A post nuptial agreement will normally be able to endure the legality test of the court by having at least three lawyers review the contract. The first lawyer draws up the post nuptial agreement. You and your spouse must also hire your own individual lawyers who will separately review the agreement. This is to ensure that the post nuptial agreement is actually a voluntary agreement and its terms are fair and reasonable.


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