Many people have heard of marriage defined as essentially a contractual relationship between two parties, while that may not be the most romantic way to characterize it, it is how the eyes of the law view marriage. Because marriage is a contractual relationship it can be altered by other contracts, one of the most common is a premarital agreement. A premarital agreement, or a prenuptial agreement as it is often referred to, is simply a contract between soon to be marrying parties about how certain marital rights will be handled in the event of divorce. While most people believe that once the parties get married then the time has passed for the agreement the reality is that post marital, or postnuptial agreements are also valid.
Drafting a Postnuptial Agreement
As with any contract, post marital agreements can only be enforced if they are executed correctly, part of these means that both parties must consent to the agreement, there can not be any improper encouragement and the agreement has to be relatively fair. One way that this fairness requirement is important is in terms of property division, if only one of the parties and their property is being protected in the agreement then its possible the court will find the agreement not valid. As for consent its especially important in post marital agreements that the individuals rights are properly expressed and each spouse knows what they are agreeing too because they are dealing with rights they already have as a married party, not rights they are about to get.
Farmington Famliy Law Attorney | Premarital and Postmarital Agreements
If you are married and wished you had executed a premarital agreement before your marriage then you can still gain the benefits of this type of agreement even though you are married, call Ogden Divorce Law for help on how.