What are post-nuptial agreements?
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Written by
Jeffrey Johnson
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UPDATED: Jul 15, 2021
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Table of Contents
Creating a Post-Nuptial Agreement
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What Goes in a Post-Nuptial Agreement
- All assets and debts of your relationship as well as any anticipated or past debts that could potentially affect you both in marriage.
- The current spending habits of your family. Often after being married for a number of years and having children, one spouse may become the sole source of income leaving the other feeling potentially vulnerable.
- Your expectations of property division should a divorce happen. Remember that the purpose of a post-marital agreement is to take control of the property division in the event of a divorce instead of leaving it to your particular state’s divorce laws.
- Your expectations for the division of property in case one of you dies. This is especially important if this is your second or third marriage or where there is a mixed family with children from different spouses. If you already have a will in place, there is no reason that the post-marital agreement should not simply reiterate the will.
In order to ensure a post-marital agreement is propertly created and adequate, each party needs to consult a different attorney prior to negotiating and signing any post-nuptial contract.