Articles >> Immigration Law
Contact Us
 Online Form
Tel
E-mail
Family Law
Postnuptial agreements are increasingly important, prominent
Browse: 2125       Date:07-19-2013     

Imagine in the build-up to your wedding day, you and your spouse decide you want to collaborate on a prenuptial agreement. You have a few weeks until you walk the aisle; but you are both committed to the prenup. However, the hectic weeks fly by, and you and your significant other are barely able to get the prenup framework in place. This happens to marrying couples all time, whether they are here in Sacramento or in a distant corner of the U.S. With only a couple of days to go until the wedding, the spouses decide that it will do more harm than good to sign a hastily prepared (and likely incomplete) prenup.
 
In many cases, this is the right call. You do not want to sign a prenup under pressured circumstances; nor do you want to sign a poorly crafted prenup. It could result in the contract being thrown out, as it could be determined that it was signed under fraudulent circumstances or composed without following the proper process.
 
So what can couples do in this situation? They really want to sign a contract that helps expedite a divorce (should one occur) and allows them to remove the financial aspect from their love for each other.
 
There is another way -- the couple could sign a postnuptial agreement, something that many family law attorneys say is becoming a popular choice. According to the American Academy of Matrimonial Lawyer, a survey given to their divorce attorneys revealed that 51 percent of them saw a rise in postnuptial agreements from 2009 to 2012.
 
So what is a postnup? It functions in a very similar fashion to a prenup. Multiple postnups can be filed over the course of a marriage, allowing couples to change the way their assets and property are divided, given certain new life circumstances are criteria.

Source: www.mccartneyatlaw.com