Prenuptial agreements that are put into place by an engaged couple before they exchange vows are the most common type of marital agreement seen in Kentucky, but they are not the only kind allowed under state law. If you would like to modify the terms of an existing prenuptial agreement or create an entirely new agreement while you are married, you can do so through what is known as a postnuptial agreement.
Aside from the name and the timing of when it is drafted, a “postnup” is exactly like a “prenup” and governed by all the same rules, as any experienced marital agreement attorney could affirm. However, if you want to ensure your contract accounts for every relevant issue and comprehensively protect your rights and interests, working with a Florence postnuptial agreement lawyer who has experience drafting this kind of contract may be a good idea.
Creating a Comprehensive Postnuptial Contract
When written in accordance with Kentucky state law, a postnuptial contract can establish legally binding agreements on various financial and personal issues that might come up during a marriage and/or during divorce proceedings. Beyond just determining who has ownership rights and responsibilities over certain marital assets, these agreements can also set out guidelines for:
- How one spouse might continue receiving insurance coverage or retirement benefits from the other in the event of separation or death
- How much spousal support one party might owe the other following a divorce
- Who is responsible for specific marital debts
To be legally enforceable, a postnuptial agreement must be in written form, signed by both spouses, and free of any fraud or coercion during any part of the drafting process. In the interest of ensuring no one misinterprets their own financial position for personal gain, all parties involved in creating a postnuptial agreement must disclose all their assets, debts, and financial interests before the process begins in earnest.
Even if everyone involved acts in good faith, effectively advocating for a preferable agreement can be challenging, especially if one spouse has significantly more income than the other. Representation from a Florence postnuptial agreement attorney can be vital to making sure that the drafting process proceeds as smoothly and amicably as possible.
Enforcing the Terms of a Postnup
Drafting any kind of marital contract is by no means an indication that a marriage will eventually fall apart, and many couples who create these agreements go on to live happy lives together for decades afterwards. However, if there is a postnuptial agreement in place when a couple decides that divorce is the best option, the terms of that agreement can be folded into a divorce decree so long as the court agrees those terms are fair and equitable at the time.
However, if one party wants to contest an existing contract during divorce proceedings, any inconsistencies, errors, or suspected legal issues within that contract could prompt a court to side with the person who wants it thrown out. Once again, having help from a qualified lawyer can go a long way towards minimizing the chances of a Florence postnuptial agreement being declared unenforceable.
Get in Touch with a Florence Postnuptial Agreement Attorney Today
No matter when they are created or what exactly they include, carefully written marital contracts can very often strengthen marriages by providing solutions in advance to potentially contentious issues. However, making sure this type of contract is comprehensive and legally valid—especially when it is drafted while you are already married—can be difficult without seasoned legal guidance and support.
A capable Florence postnuptial agreement lawyer can provide the assistance you need throughout every step of the drafting process. Call today for a consultation.