Who Should Sign Postnuptial Agreements?

The topic of postnuptial agreements does not come up in conversation nearly as often as prenuptial agreements, but postnuptial agreements are just as vital to protecting the assets of both parties and their children as prenuptials are. While a prenuptial documents the assets and debts that each party has going into the marriage, a postnuptial documents anything that has changed during the time that the couple has been together, and this can include the buying or selling of property, having or adopting children, or the starting or dissolving of a business. Like a prenuptial, a postnuptial agreement must be in writing and voluntarily signed in front of a notary by both parties, with full disclosure of all relevant factors.

Postnuptial agreements may amend existing prenuptials or can be completely new documents. Not having a prenuptial does not preclude a couple from creating a postnuptial agreement; it can actually increase the need for one. Some couples may feel that these types of agreements are only for wealthy people, but anyone with assets of any kind can benefit from postnuptial agreements. They can be vital in determining the division of assets and can help make emotionally charged decisions like residency, custody, or support payments less stressful.

Divorce can be filled with a great deal of emotional trauma, so it’s a good idea to discuss financial particulars with your spouse both before and during a marriage. A family law attorney can help create postnuptial agreements that focus on what each party deems important in order to increase the likelihood of a fair and equitable distribution of assets, should a divorce come to pass. Reviewing assets on a regular basis is a good idea, and may help couples decide whether postnuptial agreement revisions are needed. Nobody wants to plan a wedding with a divorce in mind, but prenuptial or postnuptial agreements are an excellent way to discuss and manage assets for both parties and offer family members peace of mind.


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