When a couple is planning on getting married, it is becoming increasingly more common for the engaged couple to get a prenuptial agreement. In a prenuptial agreement, you will basically decide what to do in case you get divorced. For many, a prenuptial will act as a safety net underneath a marriage.
A postnuptial agreement is essentially the same sort of contract, only it is made after a marriage becomes official. Society has painted postnuptial agreements in a negative shade, though. There seems to be a pervading feeling that someone would only want to make a postnuptial agreement if they were already thinking quite seriously about divorce.
While this may be the case for some people, it is certainly not the norm. Most people who want to create a postnuptial agreement do so out of caring for their spouse, not the opposite. This is due to the fact that a postnuptial is also a safety net under a marriage, which means both you and your spouse can avoid major headaches and heated arguments in the chance of divorce. By planning ahead with a postnuptial, you can pave the path ahead of you, smoothening it out. In this way, you should not see a postnuptial as anything that is negative.
In your postnuptial agreement, you can decide what to do in terms of:
- Property ownership
- Property, asset, and debt division
- Future financial planning after a divorce
Just as with a prenuptial agreement, you cannot use a postnuptial to predetermine what to do with child support, parenting time, or anything else directly pertaining to your children. The court will only conclude such matters based on the most up-to-date information available, which is contradictory to a preexisting plan made with a postnuptial agreement.
Ocala Family Lawyer with 15+ Years of Experience
Are you wondering if you should plan a postnuptial agreement, or if this could cause unwanted trouble in your relationship? Do you have plenty of questions about what a postnuptial can actually do? Get all the answers and guidance you need from Ami L. DiLorenzo, P.A. Our Ocala family law attorney takes the time to get to know you, act with honesty and earnest, and always prioritize your success for both today and tomorrow. With our help, you can work on a fair postnuptial agreement that you and your spouse can both approve.