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What Are The Benefits Of A Postnuptial Agreement?

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A postnuptial agreement offers many benefits. By being aware of these benefits, it’s easier to determine whether or not a postnuptial agreement is right for a particular couple.

 What Is A Postnuptial Agreement? 

Right before we can define what, specifically, a postnuptial agreement is, we must define what a prenuptial agreement is.

A prenuptial agreement is a contract that two spouses sign before they get married. By signing a prenuptial agreement, the terms of this spouse’s separation, should such a thing occur, are outlined and defined.

Some of the terms that are often outlined within a prenuptial agreement are as follows:

  • The amount of alimony one spouse will need to pay.
  • The property that will be given to each spouse.
  • The amount of money that will be given to each spouse.

Every single one of these terms allows a couple to define what their divorce will look like, should such a divorce ever occur.

A postnuptial agreement is, in many ways, just like a prenup. But, there’s one major difference that sets a postnuptial agreement apart from a prenuptial agreement: a postnuptial agreement is entered into after marriage.

 What Are The Benefits Of A Postnuptial Agreement? 

A postnuptial agreement offers a wide variety of benefits. Some of the most notable benefits that a postnuptial agreement offers are as follows:

  • Both spouses can choose how their assets will be divided.
  • Both spouses can choose the amount of alimony they will pay/receive.
  • Both spouses can ensure that they are taken care of, if the marriage doesn’t work.
  • Both spouses can prevent themselves from being taken advantage of.

Each one of these benefits is quite nice on its own. But, there are several other benefits that a postnuptial agreement offers that a prenuptial agreement will, in many marriages, fail to offer.

The other benefits, in question, are as follows:

  • A couple with children, who were born after marriage, can set terms related to their children.
  • A couple can develop terms that are aligned with their wishes and the needs of their children.
  • A couple can clarify child time-sharing arrangements and other, equally useful, arrangements.

Every single one of these benefits can, and will, assist two spouses in ensuring that both they, and their children, are taken care of in the event of a divorce.

 Should You Set Up A Postnuptial Agreement? 

The answer to this question is “It depends.” Some couples can, and will, benefit from a postnuptial agreement. But, other couples may find a postnuptial agreement unnecessary.

To determine whether or not setting up a postnuptial agreement is wise, a couple should ask the following questions:

  • Do you have any assets that you really want to protect?
  • Are you confident that you can set aside your differences and make the choices right for your children?
  • Do you fear that your other spouse will attempt to forfeit their responsibilities?

Each one of these questions can be used to determine whether or not setting up a postnuptial agreement is the right choice.

 Speak With A Tampa Postnuptial Agreement Lawyer 

Setting up a postnuptial agreement can be a tricky process. But, by speaking with a Tampa postnuptial agreement lawyer today at Westchase Law, P.A., we can assist you in developing an agreement that satisfies the wishes and needs of you and your children.

Sources: 

law.cornell.edu/wex/prenuptial_agreement

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html

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