Case Consultation
(423) 888-3030
As defined by state law, a postnuptial agreement is a written agreement created after a couple gets married. This legally binding document is used to settle the couple’s affairs, assets, and property if they divorce or separate.
If you are considering this type of contract, discuss your questions about Hamilton County postnuptial agreements with a lawyer. A knowledgeable attorney can explain the legal nuances of a postnup and advise you on the implications of signing one.
A prenup is done before a couple gets married while a postnup is done after. These agreements are similar in that they both address the same issues regarding division of assets and property. The essential difference is the timing. Both documents can be beneficial as they prevent significant disputes and litigation in the event of a divorce.
It is a good idea to protect one’s assets and settle on a plan before a divorce occurs. During a marriage dissolution, emotions can run high, and people may be less willing to agree to things that they normally would agree to. Both postnuptial or prenuptial agreements act as safeguards to ensure that parties will get a fair distribution in the event of a divorce.
A couple can consider a postnuptial agreement at any point after getting married. It may be particularly pertinent if the parties believe they will get divorced soon and wish to protect their assets. However, drafting a postnuptial contract does not necessarily mean that parties intend to or expect to get divorced. Those who have questions regarding the benefits of a postnuptial agreement should consult a Hamilton County attorney.
A postnup typically lays out a plan to divide property among the spouses. For instance, an agreement could state that both parties get half, or that one person claims the property and the other gets equity. A lawyer could review a couple’s situation and advise on what postnuptial agreement terms may be relevant.
A postnup can also address spousal maintenance, also referred to as spousal support or alimony. A contract provision could state that neither spouse will owe the other alimony in the event of a divorce. Alternatively, the agreement could determine a specific amount for spousal support.
If the couple already has kids, they may address custodial rights and visitation in their postnuptial agreement. This could cover who will be the primary parent and how much parenting time each party will get in the event of a divorce. With help from a skilled lawyer in the area, a postnuptial agreement could ease the custody battles that often come with divorce.
Most property obtained during the course of a marriage is considered marital property. However, there are some exceptions, such as gifts. If someone exclusively gives one party a lump sum of money, that would be considered separate property unless it is put in a joint account with their spouse. A knowledgeable Hamilton County attorney could answer further questions on what property may be considered marital versus separate and draft a postnuptial agreement accordingly.
A postnuptial agreement could give you and your spouse peace of mind and lay out agreed-upon terms if issues arise. These documents can be crucial in protecting your rights and property if you dissolve your marriage. Let an experienced lawyer answer your questions about Hamilton County postnuptial agreements and advise you on your situation. Call today and get dedicated legal guidance.