A post-marital agreement is a tool which can be used to streamline and simplify the divorce process, should a relationship come to an end. While perhaps not as well-known as a prenuptial agreement, using a post-marital agreement makes a lot of sense for certain couples. As the name would indicate, a post-marital agreement is something that is drafted and signed after the couple has been legally married. A prenuptial agreement, on the other hand, is signed prior to the marriage.
There are a number of factors which could lead a couple to obtain a post-marital agreement. Those include, but are not limited to, the following:
- A dramatic change in income level for one of the parties in the marriage,
- A new business interest that one party wishes to protect,
- A disagreement in the marriage over an important financial issue,
- A significant real estate acquisition.
A post-marital agreement is given the same weight by the courts as a premarital agreement. If you do not want to risk particular assets being subject to division in a potential divorce, protecting those assets now may be wise.
Reduce the Strain of Divorce
Having a post-marital agreement already in place may help to streamline the issues in a divorce, and thereby avoid some of the financial stresses that can come along with divorce. A post-marital agreement can lay out how certain assets are to be treated in the event of a divorce, which will result in the parties having less work to do to come to an agreement. With a pre-marital agreement in place, hopefully litigation can be avoided, and the matter can be settled relatively quickly and easily.
Brodsky Renehan Pearlstein & Bouquet can assist with any post-marital agreement needs. Whether you need to have an agreement drafted, or you want to have one reviewed which has been drafted by another party, we are here to help. Our attorneys are also experienced in defending pre-marital agreements if the validity of the same is challenged, or alternatively, challenging the validity of a pre-marital agreement which may not have been in the client’s best interest. Please contact us for more information.