Providence, Rhode Island Family Law Attorneys
No marriage can be planned out in advance. Together, you and your spouse
will face and need to overcome numerous obstacles, both expected and unexpected.
If the uncertainty of how you will be able to handle those troubles has
you second guessing yourself or nervous, it might be time to consider
A postnuptial agreement works very much the same as a
prenuptial agreement, only it is made, as the name implies, after your marriage is official.
It allows you to prepare for what you probably consider the “worst
case scenario”, the ending of your marriage, without having to stress
or rush later on. Creating a postnuptial agreement is an intricate process
that requires close attention to detail and years of experience in family law.
For a team with 30+ years of family law and divorce experience,
contact the Providence divorce lawyers from TJC ESQ today.
The Topics Postnuptial Agreements Can Include
Postnuptial and prenuptial agreements first came about to protect people
with considerable wealth during
high net worth divorces. As with their counterpart, postnuptial agreements are now popular up
and down the financial spectrum. Everyone can benefit from planning ahead
and setting up a safety net, even if they can never imagine the situation
in which they would need one.
You should consider the following aspects of your marriage in your “postnup”:
- Distinguishing your debt from your spouse’s debt.
- Distribution of assets if your spouse passes away.
- Division of marital property and separate property.
spousal maintenance requirements.
- Safeguarding your business’s assets and accounts.
- Separate inheritance of children from previous marriages.
The court will always be concerned with certain aspects of your divorce,
not allowing you to use a postnuptial agreement to create them ahead of
time. In particular, if the wellbeing of your children is relevant to
a particular topic, it is off-limits in a postnuptial contract. If you
do want to consider
child custody and
child support in a postnuptial agreement, you should expect to discuss it with the judge.
Why Should I Draft a Postnuptial?
For some, it may seem illogical, or even insulting, to draft a postnuptial
agreement after you have already been committed to your marriage for weeks,
months, or years. A prenuptial agreement might seem to make more sense
due to the fact that you have not been married and possibly not lived
together yet. Why would you prepare a strikingly similar document after the fact?
Everyone will have their own unique reasons for wanting to create a postnuptial
agreement. Some will be too personal to mention openly to family members,
and others may be quite common, such as just wanting extra peace of mind.
No matter your reason for considering a postnup, know that it is valid
and that you do not have to be ashamed. Too often do we hear clients doubting
themselves and their loyalty to their marriage because they are considering
getting a postnuptial agreement. The reality is that nothing about a postnup
speaks of distrust or a lack of confidence; it only is a sign of carefulness
and preparation for anything that comes your way.
Sort Through the Troubles with Our Help
The most difficult part of creating a postnuptial agreement can be actually
taking the time to sit down and write one. Let our Rhode Island family
lawyers from TJC ESQ be your legal guide and counsels and you will find
that there is nothing to worry about, nothing to stress over. If you want,
we can discuss matters with both you and your spouse during a
complimentary initial consultation. Our focus will be to put your mind at ease and to settle your concerns
as quickly as possible.
Call 401.216.4414 today and ask for Attorney Conlon or Landi.