Most people are familiar with prenuptial agreements, especially when it comes to celebrities or millionaires. However, you may not know much about postnuptial agreements, which have recently become more popular throughout the United States. Postnups are created by spouses after entering into marriage and settle the couple’s affairs or assets in the event of a divorce.
Postnups and prenups have plenty in common, but there are a few key differences that are important to keep in mind. Here is everything you should know before signing a postnuptial agreement.
Similar to prenups, postnuptial agreements serve to sort out finances, estate planning, power of attorney, and other critical arrangements in the event of a divorce. The contracts can clarify the terms and rights of the parties before any conflicts arise in the divorce process, which can simplify and shorten divorce proceedings. While these agreements are valuable to all married couples, postnups are particularly beneficial in certain situations:
State laws govern what can or cannot be included in a postnuptial agreement, but there are a few subjects that are normally included in postnups nationwide. Firstly, it is common for couples to draw up postnuptial agreements in order to clearly define what property will be kept separate and what will be considered marital property in the event of divorce or death of one of the spouses. Moreover, spousal support clauses are often included. Properly drafted postnuptial agreements can protect a spouse from paying alimony or specify the conditions under which it must be paid.
There are certain provisions that will not be considered valid if they are included in a postnup. Since child support and custody are determined by the court according to the "best interest of the child," these issues cannot be established by a postnuptial agreement. Also, postnuptial agreements cannot be used to regulate routine aspects of a marriage, such as daily chores.
While both prenuptial agreements and postnuptial agreements typically address essential practical and financial considerations in the event of a divorce, the two agreements have several differences:
Postnuptial agreements are still a relatively new concept, although they are becoming more common with time. Nevertheless, differing state laws make these contracts more difficult to enforce in some states than in others. The majority of states simply require the contract to be signed without coercion and with full disclosure of finances in order to be valid. Others, however, have additional regulations. For instance, postnuptial agreements in California must demonstrate "the highest good faith and fair dealing [by] each spouse, and neither shall take any unfair advantage of the other.”
If you and your spouse decided that you want a prenup, it’s time to seek the services of an experienced divorce attorney. Prenuptial agreements should always be drafted with the assistance of an attorney, and some states even mandate that both parties have their own legal representation,
You will start off the process by gathering all of your financial information and documents including bank statements, retirement account details and property appraisals. Then, you will work alongside your attorney to draft a personalized agreement that will consider both you and your spouse’s rights and wishes.
No one plans for their marriage to end. However, according to the American Psychological Association, almost 50% of all marriages in the United States end in divorce. In second or subsequent marriages, the divorce rate is even higher.
It is important to pay attention to the key warning signs that show you might be headed towards a divorce. So, take a look at the following issues that may indicate your marriage has ended and it may be the right time to consider a divorce.
It is totally normal for you and your partner not to agree on everything. Despite your disagreements, respect is fundamental in a marriage. Regardless of whether you agree with your spouse, respecting his or her values and choices is extremely important. The absence of respect can lead to a divorce.
Try to imagine what your life would look like 10 to 15 years down the line. If you don’t see yourself living life with your partner by your side, it might be a good time to part ways. You may be on different life paths, which is completely understandable, but it may indicate you don’t belong together anymore.
Strong relationships often share a close friendship in addition to their romantic connection. Aside from physical intimacy and love, couples should be able to have fun together and enjoy being in each other’s presence. If you no longer look at your spouse as a close friend and find yourself making excuses not to spend time with them, your marriage may be at risk of divorce.
Your wife or husband should feel like your life partner that you can turn to for love and support. If you start to feel isolated or lonely within your marriage, it could be a sign that the intimacy and connection between you two has dissolved. These feelings of isolation can eventually lead to even more marital problems, since one may not be inclined to put effort into a relationship that makes him or her feel lonely.
Physical, emotional, and sexual abuse in a marriage are all major red flags that should not be tolerated. If your spouse has harmed you intentionally, it is time to walk away from your marriage. Acts of domestic violence shouldn't be tolerated, and even threats of abuse or violence place both you and your children at risk of serious harm.
You and your spouse should want to be together because you love each other; not simply because you have kids together. Many couples do not realize they aren't right for each other until their kids move out, and then they get divorced. If you and your partner don’t want to be around each other ever since your kids grew up and left the house, this might indicate that your children were the only thing keeping you together.
It is true that marriage is all about compromise, but there are a few things you should never give up on. It is very difficult to see a future for a marriage where one spouse is passionate about having children but the other is categorically against it. In these situations, divorce may be the best option.
A healthy sex life is an important part of a happy marriage. Your body releases oxytocin when you engage in sexual activity, which enhances feelings of love and eases stress. While it is normal for your sex life to ebb and flow in a marriage, complete lack of sexual intimacy can ruin a marriage. You may want to consider separation if you are disgusted by the idea of engaging in sexual activity with your partner or feel unattracted to your spouse.
When you’re in love with someone, the thought of them dating other people can be heartbreaking. However, if you are in an unhappy marriage, you may be able to picture you or your spouse with another man or woman without thinking twice about it. Fantasizing about you or your partner with being with someone new might be a sign that you want to break up with your partner and go your separate ways.
As you evaluate your marriage, try to notice both how strong and how frequent your negative interactions are. According to marriage counselor Racheal Tasker, "The magic ratio in any happy relationship is five positive interactions for every one negative interaction.” If you seem to be having significantly more negative interactions than positive ones, you may be on the verge of a break-up.
Sharing intimacy with someone other than your spouse can be a sign that something isn't right in your marriage. Although a marriage may be able to survive an affair in rare situations, most cases of infidelity lead to a serious breach of trust. The trust within the marriage can be impossible to restore, which eventually results in divorce.
Even if you said “I do” on your wedding day, not every couple lives happily ever after. For this reason, having a prenuptial agreement in place before getting married is highly recommended.
However, in order for prenuptial agreements to be valid, they have to be written correctly. The validity of a prenuptial agreement is dependent on several requirements. In the event that the prenuptial agreement does not meet one of these requisites, the court may deem it null and void. Let’s take a closer look at some of the reasons a judge might choose to void a prenuptial agreement.
If a prenuptial agreement is not in writing, it will not be enforced in any of the 50 states. Simply put, you cannot simply make oral statements about a prenup and assume they'll be considered a binding contract. Although this may seem like an obvious one, you’d be surprised at how many couples have tried to implement their verbal prenuptial agreements. Moreover, though it is not necessary to have your prenup notarized, it is highly recommended to do so if it stipulates details regarding how assets and property will be divided.
Prenuptial agreements must be signed voluntarily. When a prenuptial agreement is signed under threat, duress, or manipulation, it becomes invalid in the eyes of the law. The legal definition of coercion varies from state to state, but any prenuptial agreement can be declared void if you can prove that your partner, family members, in-laws, or any other party pressured you into signing it.
An experienced divorce attorney can help you find a solution if you and your spouse are having difficulty agreeing regarding a prenup.
One of the most important aspects of a valid prenup is that it was created fairly and with full disclosure of both parties. A fraudulent prenuptial agreement may result if one of the parties fails to disclose all of his or her assets and properties at the time of signing the prenup. Thus, if you or your spouse choose not to list certain assets in the prenuptial agreement or undervalued your assets at the time, it may not stand up in court during divorce proceedings. This can put you in an extremely vulnerable position when it comes to protecting your assets.
Although it is technically legal, having your partner sign the prenuptial agreement on your wedding day is not ideal. This is because both spouses must have time to review and think over a premarital agreement before signing it; and a few minutes before the ceremony definitely doesn’t cut it. The prenup will probably become invalid if the groom hands the bride the contract and a pen just before she walks down the aisle. In order to give both parties sufficient time to review and discuss the agreement, you'll need to begin the process at least two to three months prior to the wedding.
In most cases, as long as both parties have signed the prenuptial agreement, the court will typically uphold it. This does not apply, however, if the prenup is highly biased or unequal. As an example, if the contract declares one spouse will get everything following the marriage while the other spouse gets nothing, it can be voided. This is because prenuptial agreements, by definition, should protect both spouses and be somewhat balanced between the two parties.
By hiring an attorney to help with a prenuptial agreement, it ensures that the prenup functions in your best interests and protects your legal rights, assets and property in the event of a divorce. So if you and your spouse are going to sign a prenuptial agreement, it is always a good idea to have separate legal representation. This shows the court that the prenuptial agreement was drafted fairly and that both parties fully understand the implications of the contract. As a result, if you and your spouse do not retain separate attorneys, a judge may rule your prenup unenforceable.
State laws differ when it comes to what constitutes a valid prenuptial agreement. In California, for example, there is a law that stipulates there must be at least 7 days between presentation of the final version of the prenup and signing it. Also, even though it is recommended to have separate legal representation for each party no matter what, some states may require this by law. Likewise, state laws vary when it comes to property division. Whether you live in a community property or common law property state, you need to ensure that the property division clauses in your prenup do not contradict your state’s laws.
You should ensure that your prenuptial agreement does not include any provisions that may be found by a court to be illegal, unethical, or against public policy. For instance, you cannot waive your right to receive child support or pay child support in a prenup. A prenuptial agreement that contains provisions about child support will not be enforced by the court since a judge will determine these matters according to the "best interests of the child." Further, clauses about private matters, such as who does the chores in the house or where the holidays are to be spent, may also be considered illegal provisions. Instead of simply striking down the invalid provisions, a judge may choose to void the contract as a whole. To ensure your agreement is written correctly and in compliance with all state and federal law, it is highly advised to have an attorney draft it.
Nothing in life is free, especially when it comes to marriages. Just like obtaining a marriage license, obtaining a right to divorce is not free. When deciding to divorce, it can be helpful to understand just how expensive this process could be.
One of the most well-known costs of divorce is the cost of retaining a divorce attorney. While it is true that divorce attorneys can cost up to $400/hr with a national average of $270, according to a survey by Nolo.com, not having a divorce attorney can be more costly when it comes to getting a preferred outcome from the proceedings.
One of the biggest expenses for a divorce is disputes. If a couple has no disputes, the national average cost of a divorce is $4,100. However, if there is a single disputed issue, such as alimony, custody, or child support, the average more than doubles to $10,600. Additionally, if the disputes cannot be resolved through mediation and go to trial, then the average cost doubles again to $20,400.
Another expensive drain on funds during a divorce is mediation. Mediation is an invaluable tool to solve contested issues without going to court. While invaluable, they are not without financial cost. A mediator can cost clients between $3,000 and $8,000. While this is cheaper than taking the issue before a judge, it’s no small fee either.
The best-case scenario for a divorce is for both parties to file uncontested after resolving their issues privately and coming to a compromise that both parties are willing to be bound by. If that best-case scenario is not possible, having a divorce & family law attorney can help protect you from the most damaging outcomes from the divorce.
If you are looking into a divorce and you have at least one contested issue, you will want a divorce & family law attorney to help you with your case. An experienced divorce & family law attorney will be able to help you preserve your assets, protect visitation time with children, or accomplish any other major goal you have in your divorce proceedings. The best place to find an effective, experienced divorce & family law attorney is Attorney at Law.
At AAL, our nationwide network of attorneys and law firms allows us to match you with an experienced divorce & family law attorney in your area. Our partners have the resources, legal expertise, and experience to navigate the most contentious divorces.
In addition to a distinguished case record, our partners also excel in client care. At AAL, we understand the stress and complications of a messy divorce. That’s why our partners take the time to keep you in the know and advise you of the best course of action.
Don’t wait. Contact AAL today for a free, no-obligation consultation and assert your marital rights.
One of the biggest concerns for many couples who are considering ending a marriage is how much a divorce costs. The costs of divorce can range widely and are largely based on the specific context of the divorce. Nonetheless, there are some universal financial burdens associated with divorces.
According to an article by Nolo.com, the average cost of a divorce without involving an attorney is $925. This bill included a wide range of expenses but did not include dispute resolution measures like mediation.
Instead, this $925 consisted of fees and expenses that are in most, if not all divorces. For example, in order to file for divorce, there is a filing fee. This fee is not nationally set and therefore varies from state to state in the range of $100 to $400.
In addition to filing fees, there can be fees for hiring a process server, filing documents, and creating a copy of the final divorce decree. These small fees can add up, costing upwards of nearly $1000. If there are contested issues in the divorce requiring either mediation or a trial to adjudicate, then costs can easily soar into the tens of thousands of dollars.
If you are looking into a divorce and you have at least one contested issue, you will want a divorce & family law attorney to help you with your case. An experienced divorce & family law attorney will be able to help you preserve your assets, protect visitation time with children, or accomplish any other major goal you have in your divorce proceedings. The best place to find an effective, experienced divorce & family law attorney is Attorney at Law.
At AAL, our nationwide network of attorneys and law firms allows us to match you with an experienced divorce & family law attorney in your area. Our partners have the resources, legal expertise, and experience to navigate the most contentious divorces.
In addition to a distinguished case record, our partners also excel in client care. At AAL, we understand the stress and complications of a messy divorce. That’s why our partners take the time to keep you in the know and advise you of the best course of action.
Don’t wait. Contact AAL today for a free, no-obligation consultation and assert your marital rights.
At the time that a divorce is settled, emotions may be running high. Additionally, after a divorce settlement, the circumstances of one or both spouses may abruptly shift. To effectively handle these changes, spouses may need to undergo divorce modification.
There are many reasons that a divorce modification may be necessary. This can include a renegotiation of alimony payments, conditions of child custody, or a renegotiation of assets and debts.
These modification requests can be petitioned before a court, where the judge can rule whether a divorce modification is justified. Some of the changes which may allow a spouse to make a post-decree motion include:
These post-decree motions may be the subject of discovery requests, interrogatory requests, or counter motions. However, should the post-decree motion be accepted, the spouses may see a significantly more equitable change to their divorce arrangement.
Some post-decree motions can also request temporary suspension of divorce agreements like alimony or child custody contingent on some external condition being unable to be met. This may include being unable to pay a high alimony amount or an inability to provide a safe place for the children to visit.
If you are seeking to modify the arrangement of your divorce, you will need the support of a divorce & family law attorney. A divorce & family law attorney can help you to negotiate for more equitable terms in your proceedings and help you receive more or pay less alimony, gain more time with children, or terminate a provision that is no longer constructive in the divorce agreement.
The best divorce & family law attorneys can be found at Attorney at Law.
At AAL, our nationwide network of attorneys and law firms allows us to match you with an experienced divorce & family law attorney in your area. Our partners have the resources, legal expertise, and experience to navigate the most contentious divorces.
In addition to a distinguished case record, our partners also excel in client care. We at AAL understand the stress and complication of returning to a messy divorce to try and improve your standing. That’s why our partners take the time to keep you in the know and advise you of the best course of action.
Don’t wait. Contact AAL today for a free, no-obligation consultation and assert your marital rights.
In most divorce cases, custody will be decided between the biological parents of the children. However, in some cases, it becomes necessary for the court to appoint a guardian over the child. Unlike adoption, guardianship has a unique set of obligations, rules, and limitations that make it useful in certain situations.
Guardianship is the process by which an adult who is not necessarily the parent of a child takes over the role of parent. The first difference that guardianship has over other means of parental-role fulfillment like adoption is that in order to assign a guardian, neither parent has to give up their full parental rights. The child’s parents will usually retain responsibility for providing for the child financially, and may also retain the right to terminate the guardianship.
In general, a guardian's responsibilities typically include providing for the child's basic needs. These include:
Additionally, if the child has a trust, estate, or other assets, the guardian will be responsible for safeguarding that wealth until the child reaches the age of 18 and takes control of it themself.
Other than through termination, a guardianship can end naturally through the guardian’s resignation, the child reaching the age of majority, a judge determining guardianship is no longer required, or if either part of the guardianship passes away.
If you or a loved one are concerned about guardianship, you will need a divorce & family law attorney. An experienced divorce & family law attorney can help advocate on your behalf to ensure that the children involved end up in the best situation possible.
The best place to find an expert divorce & family law attorney is Attorney at Law.
At AAL, our nationwide network of attorneys and law firms allows us to match you with the best divorce & family law attorneys in your area. Our partners have the resources, legal expertise, and experience to untangle the most contentious divorces and help you get what you are looking for from your proceedings.
In addition to a distinguished case record, our partners also excel in client care. Custody and guardianship can be stressful. That’s why our partners are committed to keeping clients up to date on developments in their case as well as an evolving plan for the best possible outcomes.
Don’t wait. Contact AAL today for a free, no-obligation consultation and begin your journey to assert your parental rights.
