What is a postnuptial agreement?

On Behalf of | Jun 29, 2021 | Prenuptial And Postnuptial Agreements |

Most married couples in Louisiana don’t want to think about the possibility of getting divorced. However, divorce can happen to anyone–and if you didn’t sign a prenup or postnup, you’ll wish you thought ahead. If you didn’t sign a prenup, you could sign a contract during your marriage called a postnuptial agreement. The postnup is similar to the prenup, although it does have a few drawbacks.

Are postnups as effective as prenups?

Postnuptial agreements are becoming increasingly common, but they’re still much rarer than prenuptial agreements. Some states don’t have extensive laws on the books that tell the judge how to deal with postnups. This doesn’t mean you shouldn’t sign one, but it’s better to sign a prenup before you get married. Most judges and family law attorneys can deal with prenups quickly and efficiently.

Most states treat postnups just like a prenup–they’re valid as long as you didn’t break any laws in the process. However, some states require a “fair and just” postnup that doesn’t give one spouse an advantage over the other. You might want to talk to an attorney to see if your postnup could hold up in court.

Regardless, a postnup is a valuable tool that may protect your interests in the event of a divorce. If you didn’t sign a prenup, it’s never too soon to write a postnup. You might also consider a postnup simply because you acquired more assets during your marriage. A prenup can’t predict the future and cover anything that you didn’t plan for, so a postnup gives you extra protection.

How do you write a postnup?

An attorney could tell you how to write a postnup and talk to you about the laws in your state. Typically, a postnup involves laying out your finances and deciding how you’ll divide them in the event of a divorce.

Your postnup could make decisions about property division, retirement fund division and spousal support. Your postnup can’t cover certain aspects like child custody–even if you try, the judge makes the final decision. However, you could make one of the hardest parts of getting divorced much easier on you and your spouse.