A Few Facts About Post-Nuptial Agreements

A post-nuptial agreement is the same as a prenuptial agreement, only it is drawn up after the wedding. It is also referred to as a marriage agreement or post-marriage agreement. It serves the same purpose as a prenuptial agreement–a legal contract between both spouses that protects their individual interests.

A post-nuptial agreement can come in handy for a number of reasons. Spouses may neglect to draw up a prenuptial but wish to protect their assets. A spouse may wish to provide for a child from a former marriage, may experience a change in his or her financial status, disagrees with his or her spouse about finances or one or both spouses may start a business after they are married.

Some advantages of post-nuptial agreements are that it can set a foundation early in the marriage to good financial management within the marriage. Post-nuptial agreements can also strengthen a marriage by outlining spouses’ rights and obligations to each other, fostering a greater sense of individual responsibility and reinforce a couple’s commitment to their marriage.

For a judge to consider such an agreement as a valid one, make sure that the contract contains full disclosure of all assets, has fair and equitable terms and is entered voluntarily by both parties. Additionally, you and your spouse should each retain your own attorneys, as the courts look upon post-nuptial agreements more favorably if both spouses have their own legal counsel. Meeting these conditions does not guarantee a judge won’t refuse to honor it, but it may increase the likelihood that he will enforce it.

Colorado Criminal Defense Attorney Kevin Ellmann
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