Postnuptial Agreement Lawyer
Much like a prenuptial agreement, a postnuptial agreement is a kind of contract between two spouses which determines the way in which the affairs of the couple will be settled and their assets distributed in the event of a divorce or the death of one of the signers. However, a postnuptial agreement differs from a prenuptial agreement in that a prenuptial agreement is signed prior to entering into the marriage, while a postnuptial agreement takes place after the marriage.
A certain stigma surrounds postnuptial agreements much like prenuptial agreements. In the past, postnuptial agreements were considered legally impossible due at first to the idea that a married couple were legally one person, and then due to the fear of encouraging divorce. However, it’s important to realize that a postnuptial agreement not only does not necessarily lead to divorce but in many cases can actually help prevent it. In situations where a couple is experiencing difficulties and worried about whether divorce may be the right option, a postnuptial agreement can remove many of the practical fears and doubts surrounding that possibility, and thus allow clearer thought and communication. This, in turn, can result in the redirection of focus from financial matters to emotional ones. In order to achieve this, however, the terms of the postnuptial agreement must be well-adjusted to meet the needs and wishes of both spouses, while being legally sound. The best way to guarantee that your postnuptial agreement meets these needs is through the assistance of an expert postnuptial agreement attorney.
Conversely, when both parties do feel that divorce is likely imminent, a postnuptial agreement can be used to ease the transition. In these cases, either or both spouses seek to protect their assets and clarify the way in which the marriage will resolve. Alternatively, if one or both of the spouses seek to pass on property to children they had prior to the marriage, and the couple has not already signed a prenuptial agreement, a postnuptial agreement can protect this wish in the case of one of the spouse’s deaths.
Just as a postnuptial agreement may be appropriate for a variety of situations, several different terms may be specified within it. Here are some of the things a postnuptial agreement may address:
-Distribution of marital property
-Distribution of other marital assets
-Spousal Support, or lack thereof
-Alimony, or lack thereof
-Child custody, where applicable
This list is not exhaustive, nor will every item on it be present on every agreement. Just as every person’s situation is different, well constructed postnuptial agreements vary widely. Depending on your situation, the above concerns may or may not apply.
Lawyer For Postnuptial Agreement
If you are considering a postnuptial agreement, you need not only an experienced Family Law Attorney but also an understanding and level-headed mediator with the skills to navigate potential disputes and legal hurdles alike. With over 75 years of combined experience, Velter, Yurovsky, & Zoftis LLC have what it takes to help you achieve your best outcome in a postnuptial agreement. Call (215) 969-3004 to set up a free consultation with one of our postnuptial agreement lawyers.
© 2016 by Velter, Yurovsky & Zoftis, LLC. All rights reserved.