DC Postnuptial Agreement Lawyer
A postnuptial agreement is an agreement entered into after the parties have already been married. The main difference is that a premarital agreement will not become valid until and unless a marriage takes place whereas a post-marital agreement becomes valid as soon as the parties sign it.
If you are interested in a contract between you and your new spouse or domestic partner, contact a DC postnuptial agreement lawyer about your options. A distinguished family attorney could help you gather all the necessary information to enter into a valid contract.
Considering Postnuptial Agreements
There are certain situations in which a DC attorney would recommend a post-marital agreement, such as where one spouse is deciding whether or not to give up their career or their education to stay home and raise kids.
It is a good idea to consider a postnuptial agreement if you are quitting your job to stay home and raise children or to manage the home, especially if it will result in your being financially dependent on your spouse. Financial dependence can make you more vulnerable if the marriage ends.
Role of Financial Dependence
Anytime one spouse is at the mercy of the other’s earning potential, a post-marital agreement can provide a great deal of security in terms of how marital assets will be divided if the marriage ends. Additionally, a postnuptial contract can define how the earning spouse will support the financially dependent spouse after a divorce. It is also a good idea to get a post-marital agreement if one spouse has many more assets or debts than the other to ensure that the division of those assets or debts will be equitable. This process can be made easier with the help of a skilled DC post-domestic partnership contract attorney.
Content of a Post-Marital Contract
A post-marital agreement regarding finances must involve full financial disclosure by both parties so they can make a voluntary and informed decision to enter into the contract. In other words, full disclosure is necessary to enter into a valid, legally binding agreement. In addition, a post-marital contract should be in writing and signed by both domestic partners.
A postnuptial agreement should include a definition of marital property as opposed to non-marital or separate property. It is also important to determine how the marital property or assets will be divided in case the marriage ends either in divorce or as a result of either party’s death. A post-marital agreement should determine the amount of alimony payments, if any, one spouse will pay to the other.
It is also a good idea to include ways in which divorce proceedings will take place if both spouses can agree upon them. For example, a couple can include in their post-marital agreement that they will engage in mediation or that they would prefer a collaborative divorce rather than a traditional courtroom divorce proceeding. In any case, it is critical to discuss the advantages and disadvantages of each option with a post-marital agreement lawyer in DC.
Deciding to Have a Mediator
As opposed to a premarital agreement, a post-marital agreement becomes valid as soon as it is signed, which means that the parties are in a different bargaining position than they would be when negotiating a typical prenuptial agreement before their marriage. Married couples or domestic partners may already have legal rights and obligations to one another if the marriage or partnership ends with the death of a spouse or partner. In the case of the death of a partner, the validity of the agreement may be called into question. Married couples or domestic partners also have legal rights and obligations if the marriage ends in divorce.
If a party is seeking to obtain a post-marital agreement and they foresee that their spouse or domestic partner may call its validity into question, having a mediator present can ensure that one party is not being pressured by the threat of divorce to enter into the post-marital agreement. In other words, a mediator can keep the negotiation fair on both sides.
What Does it Mean to Have a Mediator?
If one party claims during a divorce proceeding that they feel pressured or did not sign the agreement for fear of their partner leaving them, then undue influence or coercion may have occurred and could result in the agreement being unenforceable. Having a mediator present will help ensure that any discussions and negotiations take place without this kind of undue pressure. A DC postnuptial agreement lawyer can help couples decide if using a mediator is right for them.
