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Postnuptial Agreements

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 postnuptial agreements.

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.
  • Predetermining likely 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 401-400-4254 today and ask for Attorney Conlon or Landi.

TJC • ESQ is now a part of Burns & Levinson, one of the largest and most respected family law firms in the nation. Learn more.

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