Marriage is intended to be a lifelong commitment between two willing partners, but sometimes, things can occur that shake the foundation of that commitment. Certain situations like infidelity, financial betrayal, or various outside forces can put a serious strain on your marriage and even convince you to end it. Instead, you may want to consider drafting a postnuptial agreement with a Springfield, MO, divorce lawyer’s help.
What Is a Postnuptial Agreement?
When you get married, it is vital that you take the proper steps to protect your own assets in the event of a divorce. If you and your partner discuss the possibility of a prenuptial agreement and draft one prior to marriage, it will protect your premarital assets and dictate the asset division if you get divorced.
A postnuptial agreement, also called a postnup, is very similar, except it is drafted during the marriage. A couple can decide to get a postnup at any point during their marriage.
Discussing money with your partner can be difficult and inflammatory, even if you are months or even years into your marriage. Some partners may be instantly offended by the sheer mention of money, as such discussions may have a degree of mistrust about them.
It’s important that you understand that there’s nothing inherently wrong or offensive about discussing money, especially if you are worried about protecting your assets when your marital foundation is shaken.
What to Include in Your Postnuptial Agreement
Above all, you want to include a great deal of marital protection in your postnuptial agreement. If you decide to draft one, you are likely doing so because your marriage is going through a dark phase. You may not be sure if your marriage can survive without establishing strict, unavoidable guidelines through a postnuptial agreement. However, postnups in Missouri cannot include anything regarding child custody or parental rights, as well as anything illegal or immoral.
Postnups are put in place to protect the marital assets. In the event of a divorce, if one of the spouses has violated the postnup in some capacity, it will greatly influence the division of assets, spousal support, and more. For the most part, a postnup is created by both partners to make sure joint assets are properly protected. For the postnup to be considered totally valid, it should contain the following elements:
- Full disclosure. When both partners decide to draft a postnuptial agreement, it is vital that both partners disclose the entirety of their assets. This includes all income and all liabilities, including outstanding debt. If it is learned that one partner withheld certain assets and lied about what they have, it could cause the postnup to become unenforceable if the divorce ever came.
- Written agreement. An oral postnuptial agreement is not enforceable in a Missouri divorce court. A postnup is considered a legal contract, so it must be written down in its entirety.
- Voluntary involvement. An enforceable postnup cannot be drafted under duress. Both parties must be totally involved voluntarily and must sign the agreement of their own free will. If it is discovered that one partner was coerced or threatened, the agreement will be considered null and void.
- Fair and balanced. A postnuptial agreement is intended to be equitable for both parties. The division of assets and other financial matters should be considered fair for both spouses. If the agreement is found to be disjointed and leans heavily toward one party, it may be revoked and no longer considered valid.
FAQs
Q: Will a Postnuptial Agreement Seriously Impact My Divorce?
A: Yes, a postnuptial agreement will likely impact your divorce significantly. However, that really depends on the stipulations within the agreement. For example, if there is an infidelity clause and you break it, certain elements of the postnup could be voided automatically.
On the other hand, a postnup clearly dictates how both parties want their assets to be divided in the event of a divorce. It can serve as a handy roadmap for the process and help streamline the divorce.
Q: Is a Postnuptial Agreement Really Necessary?
A: That depends on the current state of your marriage. Generally, married couples enforce a postnuptial agreement if something has happened that is threatening to end your marriage, but you are willing to give your spouse another chance. Other times, they are made to protect sudden inheritances from going to the wrong people or to protect business assets. Everyone has different needs for their financial security.
Q: How Does Missouri Enforce Postnuptial Agreements?
A: For a postnuptial agreement to be enforceable in Missouri, it must meet certain legal requirements that an experienced divorce lawyer can help you reach. In the state of Missouri, a postnuptial agreement can only be enforced if it is clearly in writing, if both partners participate in its creation voluntarily, if it is balanced for both partners and if it is properly notarized. Otherwise, there may be room for interpretation or it may be unenforceable.
Q: Can You Contest a Postnup?
A: Yes, you can definitely contest a postnuptial agreement. If one partner believes they were threatened into participating in one and can prove it, that may be enough to void the agreement completely. Additionally, if you can prove that your partner willfully lied about their assets, that can also be enough to void the agreement. You will need proof, and it will be up to the court.
An Experienced Family Lawyer Can Help You
Nobody likes admitting their marriage may be in trouble. Every couple’s need for additional security is different, and if you fail to protect your assets when you need to, you could lose them down the road. A postnup can provide you with some peace of mind that your financial security is protected. Should you then decide to move forward with a divorce, the postnup can act as a plan for your asset division and help move the process along.
The legal team at Stange Law Firm understands how difficult it can be to face changes in your marriage. We can help you draft an enforceable postnup that protects your assets. Contact us to speak with a valued team member and schedule a consultation.