Family law: Situations in which a postnuptial agreement is useful

When couples in Missouri and across the country are planning their wedding, it may be difficult for them to consider a time when they are not happily wed. For this and a variety of other reasons, they may determine that creating a prenuptial agreement, a family law tool that can help guide the divorce process, is not necessary. However, as time passes and their circumstances change, they may ultimately determine that some protections need to be in place.

For those couples, a postnuptial agreement may be useful. Like a prenup, it requires a full and accurate disclosure of finances, but it can be signed after the marriage occurs. There are a variety of different circumstances that could lead to the decision to create such a document.

For example, a person who experiences a sudden increase of wealth after the marriage may want to protect it. Likewise, a postnuptial agreement can help ensure that an inheritance is passed down as intended; that is, it can help ensure that children outside of a marriage inherit or exclude them. Couples who are considering separation, but not ready to divorce, might also opt for a postnup which can help determine what assets are considered marital and what are considered separate should they proceed to divorce.

Postnuptial agreements have an important role and are not only for the wealthy. Often, the decisions that are made in the creation of such documents can have significant ramifications in the future. An experienced family law professional can help those in Missouri who are interested in creating such a document understand their options.

recent post