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Why create a postnuptial agreement?

On Behalf of | Sep 10, 2021 | Family Law |

It’s not uncommon for couples in New York who are going through marital problems to create postnuptial agreements. However, taking such a step doesn’t necessarily mean that your marriage is about to come to an end. This type of document is also used to help clarify the status of assets acquired after marriage or to protect your rights as a spouse who is responsible for maintaining the household.

Did you have time to create a prenuptial agreement?

A prenuptial agreement is only valid if each party to the agreement has had time to review the terms of the pact. Therefore, instead of rushing to create a custom marriage contract before the wedding takes place, it may be necessary to execute one after the union becomes official. If you do have a prenuptial agreement with your spouse, it cannot be changed after your wedding date. Instead, you would have to draft a postnuptial agreement to address any changes that you’d like to make.

Did a major life event take place?

If you recently had a child, it may be necessary to leave the workforce to care for your son or daughter. In the event that your exit is a permanent one, you’ll want to make sure that you’re protected if a divorce occurs. A postnuptial pact can include stipulations ensuring that you’ll receive financial support from your spouse. Your family law attorney may be able to provide more insight into how you can go about creating such a document.

A postnuptial agreement may be an effective way to negotiate a divorce settlement while you’re still on good terms with your spouse. However, it’s important to note that creating this type of pact does not mean that there is a greater chance that your marriage will eventually end.