Postnuptial Agreements
We Take Justice to Heart
Fortwayne Divorce Law understands how trying a divorce can become. We want to help you make the best choices, the right choices for you and the ones you love.
Through our online and in person services, we are committed to help you obtain the outcomes you want and need in order to move forward with your life plans and goals. Ideally, we would like to help you move through a peaceful and rational divorce process. Although this doesn’t always end up being the case, we will give you our very best so you can work towards a healthy, sustainable future.
Our priorities are your priorities.
How a Postnuptial Agreement Works
At Fortwayne Divorce Law we are committed to providing you with all the information needed to understand the logistics of getting divorced and help you maintain the assets you brought into the union. We help you to explore the options of domestic partnerships to condense the information and show ways to protect you in certain situations. The way a postnuptial agreement functions is essentially where if you didn’t sign a prenup you can secure certain valuables or assets after the fact through an agreement.
After you have decided that separation is in the works and are certain this is the definitive path for you both then it’s important to secure your assets and take out what you brought in through this agreement. Throughout the process there will be certain variables that make this postnuptial option a vital part of a potential divorce. It takes careful contemplation to make an informed decision on the matter, and we are here to make sure everything is accounted for on a personal and legal level. Many of the details can seem daunting if you have a lot to go through, but we are here to wade through the process with you.
Key Differences Between Pre & Postnuptial Agreements
The main difference between the two is that prenuptial agreements are one that are constructed and solidified before the marriage takes place to ensure a smoother divorce process if the time comes. No one can predict the future, and it’s perfectly understandable to lighten the load by thinking ahead with a prenup. However, many people find the idea unsettling and opt out of the process deeming it unnecessary or even unhealthy to be considering around the time of marriage. A postnuptial agreement is made after the couple gets married at some point to secure the owned assets in the event of a divorce. In some cases, it may have to be deliberated during the divorce itself and this can be a hectic time that requires professional support.
Everything owned including the property must be divided in an honest fashion to reduce the chance of fraud. Whether you decide to go pre or postnuptial, it’s important to be honest with your dealings and claim only what you brought into the union and not what you feel entitled to. There are certain requirements to obtain a postnuptial agreement and they include things such as the document must be in writing, executed voluntarily, and with both parties present. There are strict guidelines to follow before the agreement is made. Both of the types of agreements are necessary at different times, but they carry the same general function such as property or business management. We have all the information on both circumstances.
Why Consider a Postnuptial Agreement?
There are many reasons why you may consider a postnuptial agreement, and we are here to keep you informed and guide any couple through the process to make it a smoother endeavor. The first reason may be that one or both partners have entered the marriage with a large amount of money. Having a postnuptial agreement in this circumstance ensures that both partners leave with everything they had to start out with. If you have children from a previous marriage then this may also call for a “postnup” agreement to determine the share of assets in the event of a spouse’s death.
Without making these specifications then it will be up to the state to distribute your assets upon death. Another obvious sign that will demand a solution involving a postnuptial agreement is if one or both of you own a business. This can ensure that you both protect and respect each other’s hard work by making an agreement that prevents one spouse collecting a percentage of another’s business. There are all sorts of possibilities and outcomes that are unfavorable which is why a postnuptial agreement may be necessary in these circumstances.
Another example would be when you simply despise the idea of getting a prenup, which many do. It’s sort of an unspoken buzz kill that has no place in some marriages because they don’t want to be thinking of those things on the eve of their wedding. The last example would be if you received an inheritance you wish to protect for the future. Let us handle the details and provide you with peace of mind knowing your assets are secure for both sides with even scales.
Find Your Postnuptial Specialist
Our professional team of postnuptial specialists can help you understand your rights, legalities, processes, and what to do from start to finish during the divorce process. We specialize in understanding the nature of the postnuptial agreement process and we strongly urge that you use our knowledge to your benefit to avoid future complications. We empower couples with information about how to handle the logistics of the divorce process and postnuptial agreements can entail a lot of information.
We communicate with you directly to promote efficiency and transparency throughout the entire process until the job is complete. In the events listed above it becomes evident that some action is required to make sure everyone receives back to them what was theirs already once the slip occurs. When children come into the mix things can get convoluted and we understand this is a tense time for all parties involved. Our kind and informed specialists are waiting to consult you on the difficult aspect of divorce and postnuptial agreements between spouses.
We streamline the process and lay everything on the table so everyone’s interests can be fully represented. Our team has great empathy for all families and we understand that this is a mutually unfavorable situation. This is why the approach we take has a personal element whereby we adapt our services to the needs of each individual. Fire in with any other questions you may have and don’t hesitate to call us to arrange the forging of a comprehensive prenuptial agreement today.