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Things to know about a postnuptial agreement

On Behalf of | Apr 9, 2019 | Uncategorized

As you move toward your wedding day in Grapevine, you may want to learn more about prenuptial agreements. If you and your partner are able to agree on the terms and conditions at this time, you can sign a mutually beneficial agreement and then move on with the rest of the planning process.

Like many, you may have missed the window to create a prenuptial agreement. Fortunately, you aren’t out of luck. You can create a postnuptial agreement, which is almost the same thing.

You create a prenuptial agreement before you tie the knot, while a postnuptial agreement is created after. With regard to what you can include, these arrangements are identical.

What to include

Generally speaking, a postnuptial agreement typically includes provisions related to things such as property division, debt division, alimony and what happens to a person’s assets if they pass on.

While there are many things you can include, there are other details to stay away from. For example, you’re not permitted to include provisions for child custody and child support, as these decisions are made during the divorce process.

Is it valid?

There’s no point in creating an invalid postnuptial agreement, as this is a waste of both time and money. Here are some of the things that can invalidate an agreement:

  • You have a verbal postnuptial agreement, as opposed to a written agreement
  • One person pressured the other to sign it
  • One person did not read the agreement before signing
  • Contains incomplete or inaccurate information
  • The agreement is unfair to one person

Is it the right decision?

There’s no legal requirement to create a postnuptial agreement, but it’s a good way to protect yourself in the event of divorce.

Some of the best reasons to create a postnuptial agreement include:

  • To protect the inheritance rights of children from a past relationship
  • To ensure that you’re not responsible for debt your spouse brings into the marriage
  • To clearly define property division in the event of divorce

If you missed your chance to create a prenuptial agreement, learn more about what a postnuptial agreement can do for you and your spouse.

Creating this agreement doesn’t mean you’ll divorce, but it does protect your legal rights in the event that this happens.

Visit our website for more information on postnuptial agreements, among a variety of other family law topics.