What You Need To Know About Postnuptial Agreements
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What You Need To Know About Postnuptial Agreements
Everything You Need to Know When Considering Postnuptial Agreements in Hialeah
Many people that consider getting married have previously heard about prenuptial agreements. However, they are often surprised to learn that another similar legal agreement exists called a postnuptial agreement. A postnuptial or postmarital agreement is a legal document specifically tailored for couples after marriage or civil union.
This document establishes how a couple will divide their assets should divorce or legal separation occur, as well as the amount of spousal support that a spouse pays to another with the dissolution of the marriage.
A postnuptial agreement is similar to a prenuptial agreement in structure. The couple signs it after the marriage as opposed to before. The agreement is becoming increasingly popular amongst spouses that look to consider their assets and need to protect their property should issues arise in the future.
Spouses may utilize the agreements to correct defects in a prenuptial agreement or achieve the same ends in situations where there is no prenup. Through clarifying property rights in the event of a divorce, a well-constructed postnuptial agreement can save the couple time, energy, and money that would take place during a typical divorce proceeding.
By choosing a postnuptial agreement in Hialeah, South Florida couples address several issues that may include:
- Post-marriage property allocation in the event of a divorce
- The degree of ownership or control over a business
- Spousal support/alimony
- How to handle assets and situations in an infidelity situation
Nevertheless, spouses cannot, and should not include specific issues in a postnuptial agreement. These include child custody issues, in addition to child support. In any situation considering a prenuptial or postnuptial agreement in Hialeah, speaking with a family law attorney may prove extremely helpful.
Common Postnuptial Agreement Utilizations
The primary goal regarding any marital contract is ensuring that both partners wield protection if one spouse dies or files for divorce. These contracts may additionally reduce the time and costs associated with hiring divorce lawyers to agree to mediation, or in court.
Couples may seek to clarify the following when choosing a postnuptial agreement in Hialeah:
Protection of Assets
The most common reason couples enter into a postnuptial agreement is to protect their property from creditors and other entities that may stake interest in these assets — any property that each spouse acquires after a union becomes community property. Even property acquired before the marriage is community property if the spouses place it into joint accounts.
Both spouses possess one-half interest into any community property. Creditors wield a legal ability to fill the shoes of the spouse who initially incurred the debt. For this reason, they can satisfy the debt using this individual’s interest in the community property. For example, a creditor can own half of a piece of real estate if they choose.
By implementing a postnuptial agreement, community property may become separate property. This insulates the property from one spouse’s creditors should the individual pass away, or divorce occurs.
Spouses may outline and set aside property they acquire after a marriage. They may do so to protect this property after a divorce, or ensure that they allocate assets correctly in the case of divorce. Alternatively, spouses may additionally elect to change separate property into community property in a postnuptial agreement.
Reconciling with a spouse who previously cheated on you is an incredibly taxing and challenging experience. Unfortunately, this is a reality for numerous individuals. Spouses must reestablish trust, and a singular way to begin rebuilding the relationship doesn’t exist. Some may choose to start therapy and counseling to open the lines of communication between one another.
Couples are now turning to postnuptial agreements in Hialeah as an alternative option to help them outline many different stipulations in their relationship. This contract goes into effect immediately, and may contain attributes that enable a spouse to obtain assets or money by an unfaithful spouse, should cheating occur again.
Postnuptial Agreements in Hialeah with the Attorneys from Schweitzer-Ramras & Diaz, P.A.
A postnuptial agreement is an ideal option to help spouses define their individual, and mutual rights during a divorce proceeding. However, the agreement additionally enables both involved parties to begin discussing their assets and alimony. In many cases, a postnuptial agreement opens communication between parties as they both seek a healthier future.
Postnuptial agreements can help saved troubled marriages, especially in cases where partners wield difficulty expressing themselves, and their desires. If the couple manages to settle on an agreement, they can draft a contract and submit it to the court, addressing and finalizing the resolution.
Our attorneys at Schweitzer-Ramras & Diaz, P.A. can assist married spouses in drafting and executing these contracts. We strive to help couples in these situations for the most amicable resolution possible. After all, no marriage ever begins with an intention for divorce. In most cases, staying together still represents the best outcome for all parties.
For many couples experiencing difficulties, attempting postnuptial agreements in Hialeah may serve as the best possible option. For more information on how our firm can help you resolve your issues, represent your best interests in a legal proceeding, or assist you with an adverse conflict resolution, contact Schweitzer-Ramras & Diaz today to schedule an initial consultation.