Anoka Divorce & Family Lawyer
The postnuptial agreement is much like a prenuptial agreement. The main difference is that the postnuptial is generated after marriage rather than before. So this means that both spouses may make the decision during the marriage to protect assets in the event that a divorce occurs. This agreement can outline the division of assets, property, and the division of debt in case the marriage does not work out.
This doesn’t mean that the marriage will ever end, but it is a safeguard so that the divorce process would move much smoother with as little resistance as possible.
If you and your spouse are considering a postnuptial agreement, it is best to consult with an Anoka divorce lawyer so the agreement can be generated. Both of you will have to be represented by separate attorneys in order for the agreement to be valid.
Creating Valid Postnuptial Agreements
In addition to being represented by separate attorneys, the other requirement is that neither party should enter into a postnuptial agreement under undue influence, duress, or any other impediment that could render the agreement invalid. If a person claims and can prove that they did not want to sign the agreement and they were forced in some way, then the agreement would be invalid. This is one of the reasons why separate attorneys are required when it comes to the signing of a prenuptial agreement.
Enforcement Of Postnuptial Agreements
Enforcement of postnuptial agreements at the time of divorce can still be complex, even if all of the requirements have been met. The reason is because the court has a decision to make: They can disregard or override the terms of the postnuptial agreement if the circumstances have changed for one spouse. If those circumstances cause the postnuptial agreement to be unfair, then the court can move to disregard the postnuptial agreement. The court will very heavily scrutinize a postnuptial agreement when a spouse is ready to enforce it. This is another reason why a highly competent Minnesota divorce lawyer is needed.
If there is any question as to whether or not there were issues at the time of execution or even at the time of enforcement, your attorney can advocate for you and fight for the enforcement of the contract. If you are on the other side of the matter and your circumstances have changed, causing enforcement to potentially harm you in an unfair manner, then your attorney will provide the supporting evidence that enforcement of the postnuptial agreement would be detrimental to your future.