Essential details to know about post nuptial agreements


It has been more than 20 years since prenuptial agreements started to be used by married couples as a way to protect their property. Nowadays they are widely used, because they are designed as contracts entered into by couples regarding their separate and community assets, but also debts. The difference between a prenuptial and a postnuptial is that the last one is signed by the couple when they are legally married. There are many different reasons why couples prefer to enter into a post-nuptial agreement, one of the main ones being that they are aware that at a certain moment, the couple’s ability to communicate might erode and they would not be able to discuss financial issues then. Experts specialised in family law are stating that it is a wise decision for a couple to protect themselves by the questionable choices of the other. These documents are difficult to enforce, and it is recommended to ask a professional company handle the process.

Depending on the location, the local law in the majority of cases requires people to get their post-nuptial agreements in writing, as all the other legal agreements. For being enforceable in court, the post-nuptials have to be properly executed and in written form. For being sure that they have no issues in using it later, people should ask the advice of a solicitor who could offer them family law advice, and who could draft for them a valid paper. The majority of people consider that they do not need a solicitor when it comes to writing their post nuptial agreement, but even if the law does not require it, it is recommended to collaborate with an expert in this field. These documents are difficult to enforce, because they have to be written in such a way to not favour one spouse or the other, and when not hiring a family solicitor, the couple is not able to maintain their objectivity. Both of the spouses could have a solicitor, in this way, they are sure that an objective person, who has knowledge in this domain, would review the agreement, and the document does not favour one of them.

It is important to ask for the advice of an expert, because in this way both of the spouses have the certainty that they fully understand what they are agreeing to. Actually, it is not advisable to sign the documents until they are not sure, that they understand what the agreement has in view, because people do not commonly use some of the terms used in this type of papers, and they might confuse them. The ones who intend to enforce this type of documents should know that they have as main purpose to assign the responsibility for debts and allocate the ownership of property, so they should not neglect to ask for professional advice. In case of divorce the spouses would have no issues in keeping their property, because they know exactly from the prenuptials what assets every of the spouses owns.

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