As a divorce attorney, I’m often asked about post-nuptial agreements. While these legal documents aren’t the most romantic topic for married couples to discuss, they can provide crucial protection and clarity for both spouses. A post-nuptial agreement (also called a “postnup”) is a legal contract created by a couple after they are already married. Think of it as similar to a prenuptial agreement, but made during marriage rather than before.
Simply put, a postnup is a legally binding contract created after marriage that outlines how assets and debts would be divided if the marriage ends. Think of it as a roadmap for financial matters, created while both spouses are on good terms. They are created by couples in all stages of marriage, even those with abundant wealth, such as Seal and Heidi Klum.
The courts are very strict when it comes to the best interests of the children, especially in matters of postnups, as it is tough to make a determination of the children’s needs in the future, without regard to their well being in the future, especially as it pertains to divorce. I
Courts scrutinize postnups carefully, so certain elements are essential:
While some couples view postnups as planning for failure, I’ve seen them actually strengthen marriages by forcing honest conversations about finances and future plans. They’re not just for wealthy couples – they’re valuable tools for any married couple seeking to establish clear financial boundaries and protections.
Remember: The best time to create a postnup is when your marriage is strong and both parties can think clearly about their future together.
Need guidance on whether a postnup is right for your situation? Consult with Michel Watson, Esq. to help you navigate your case.
