Chandler, AZ – More couples have been signing postnuptial agreements, a new form of prenups that engaged couples have been signing for years.
Bloomberg reports a new trend taking place in marriages; couples are opting to sign postnuptial agreements instead of prenuptial agreements. Essentially, a postnup agreement is a legal contract for couples who plan on staying together, but outlines what will happen if the spouses decide to end their marriage at a later date.
Postnups are harder to predict if courts will enforce them, mainly because they are newer and not as common, according to Bloomberg. One of the leading experts in the U.S. on both prenups and postnups, divorce lawyer Linda Ravdin says that every state acknowledges the legitimacy of premarital agreements, and even if they do get challenged in court, “they hardly ever get thrown out.”
On the other hand, postnuptial agreements do not always get the same treatment in court. Ravdin says that due to vague court precedents, couples should “be careful” when drawing up postnups. Regardless how great the legal advice you get is, it is still hard to predict how the postnup will be upheld in court.
Before postnuptial agreements became popular, most couples made deals before weddings in what are more commonly known as prenuptial agreements. Originally created to address life after death, over the past 50 years prenups started to address life after divorce.
According to the American Academy of Matrimonial Lawyers, divorce attorneys throughout the nation are being asked to cover the following topics in postnuptial agreements
- Alimony/spousal maintenance
- Legal fees
- Property division
- Retirement accounts
- Who lives in home
Ravdin says that while some couples simply run out of time before their weddings to sign a standard prenuptial agreement, others look for a postnup if they are estranged and want to try to reconcile. If the problem is adultery, some couples may be living separately but want to work out a way to stay married and avoid a messy divorce. Ravdin says this is basically a way for couples to outline what their obligations and rights will be if they do decide to split up later on down the road.
While postnuptial agreements may help keep couple together, Ravdin says they are sometimes “a stop on the way to divorce in a few years.” However, postnups can still give couples a chance to come up with a fair deal while they are still getting along, instead of trying to work out negotiations when the marriage has already ended and attitudes have soured. By then, Ravdin says couples run the risk of “spending a ton of money just because they are mad at each other.”
Regardless of whether or not you have a postnuptial agreement, divorce can still be incredibly difficult to deal with. Divorces can get complicated and messy very quickly, which is why you may need an experienced Chandler divorce lawyer from Zachary Law Group on your side. Committed to protecting your rights, Steven Zachary and the family lawyers at Zachary Law Group will help you resolve your divorce case successfully and quickly.
Contact the Arizona divorce attorneys at the Zachary Law Group today to schedule a free consultation.