Postnuptial Agreement Lawyer
Much like a prenuptial agreement, a postnuptial agreement is a contract between two spouses that determines how the affairs of the couple will be settled and their assets distributed in the event of a divorce the death of one of the signers.
However, a postnuptial agreement differs from a prenuptial agreement in that a prenuptial agreement is signed before 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 to the idea that a married couple was legally one person and then due to the fear of encouraging divorce. However, it's essential 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 might 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 an expert postnuptial agreement attorney's assistance.
Conversely, when both parties feel that divorce is likely imminent, a postnuptial agreement can alleviate 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 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 an experienced Family Law Attorney and 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 Sokolson, LLC has 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.
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