A postnuptial agreement should not be confused with a prenuptial agreement. In a postnuptial agreement, the two partners are already married, and are entering into this agreement in the case of death or divorce. The purpose of the postnuptial agreement is to determine how the property would be divided and has much of the same content as a separation agreement, except that the spouses are still married.
A postnuptial agreement must be written in a legal document and an absence of duress or misrepresentation must be noted when both parties sign the agreement. These agreements discuss the assets listed and each spouse should be represented by a different attorney, which reduces the chance for a spouse to claim they were taken advantage of. Once the attorney has prepared the document, it must be signed and verified.
Married partners looking for a postnuptial agreement should contact Engel Law Group, P.S. We can clarify matters and take care of important issues such as ensuring all property and assets are listed. These agreements work well when both partners are remarrying and have children from the previous marriage.
The reason is that a postnuptial agreement allows a partner to waive the statutory requirement that the spouse receives a specified share of the state. This gesture of faith and generosity can improve relations between the stepchildren and the new spouse.
Contact Engel Law Group, P.S., for assistance in preparing a postnuptial agreement.