When you get married, you understandably expect it to be a lifelong commitment that brings you many years of joy and happiness. Regrettably, not every marriage works out like that. Many of them deteriorate over time for different reasons. You may find yourself dealing with relationship issues that may be irreparable, so you may want to consider protecting yourself with a postnuptial agreement. A Wichita, KS, divorce lawyer can help you work out a plan.
Just because you are married, it doesn’t mean you shouldn’t have protections in place. It’s not unreasonable to want to safeguard your premarital assets and make sure you don’t lose everything in a possible divorce. If your marriage does end, you may feel relieved that you made the effort to protect yourself. Usually, you do this before you get married, using a prenuptial agreement. A prenup will explain what to do with certain assets in a divorce.
How Can a Postnuptial Agreement Help You?
A postnuptial agreement, also called a postnup, is similar to a prenuptial agreement. The only real difference is that a postnup is drafted during the marriage instead of before. You can choose to draft a postnup at any point during your marriage. An experienced family lawyer can explain what you should put in the postnup to safeguard your assets. Your partner may initially be offended at the mere suggestion of any sort of asset protection, which they may see as a betrayal.
However, there’s nothing unreasonable or traitorous about wanting to make sure you have protection in case your marriage crumbles. If you are considering a postnuptial agreement, there may have been an inciting incident that made you want to pursue such measures. If your spouse is reluctant to even discuss the postnup or have any conversation about money, you likely have a considerable problem that should be promptly addressed.
What Can Be Included in a Postnuptial Agreement?
To move forward with a postnuptial agreement, both spouses must be in full agreement about what the postnup contains. When you decide to pursue a postnup, you may already be dealing with other marital problems. You may even feel like a postnup is the solution to these problems. To make sure the postnup completely reflects the kind of protections you desire, you should consider reaching out to a family lawyer who can help you draft it.
A postnup in Kansas cannot include any terms for child custody or child support. These are separate issues that will be decided by the court if you end up getting divorced and cannot reach an amicable agreement. A postnup also can’t include anything illegal or unfair to one spouse. Remember that a postnup is drafted to protect one or both spouse’s assets, should a divorce happen. If your spouse violates any clauses in the postnup, they may not be able to claim much.
For a postnuptial agreement to be considered legally enforceable, it must contain the following elements:
- Full Disclosure: You and your spouse must disclose every conceivable asset that you have. This includes bank accounts, property, inheritances, and even your outstanding debts. If it’s discovered that either spouse knowingly withheld assets, it could render the agreement void.
- In Writing: The postnuptial agreement must be in writing and signed by both spouses to be considered enforceable.
- Voluntary Involvement: A postnup cannot be agreed to while under duress. Both parties must choose to draft it. If it is later discovered that one partner was coerced or threatened to sign the postnup, that could render it void.
- Fair Balance: For a postnuptial agreement to be considered valid, it must be fairly balanced for both parties. If the postnup clearly offers considerably more to one partner, it may not be considered valid if you get divorced.
FAQs
Q: How Will a Postnup Impact Your Divorce?
A: A postnuptial agreement will impact your divorce in many ways. The primary impact on your divorce involves asset division. A postnup is going to include various clauses and stipulations that neither partner can break without consequences. If your partner violates a clause, such as an infidelity clause, they may forfeit any claim to your assets, depending on what you included in the agreement.
Q: Is a Postnup Really Necessary?
A: That depends entirely on your relationship. For some, a postnuptial agreement may be entirely necessary. If you have started to lose trust in your partner and feel like you need legal protection to make sure they don’t try to take advantage of you, a postnup may be totally necessary for your peace and security. Not every marriage needs legal paperwork to ensure trust, but some do.
Q: How Is a Postnup Enforced in Kansas?
A: For a postnuptial agreement to be enforceable in Kansas, it must be signed by both parties willingly and meet certain legal requirements. Both parties must be of legal adult age and of sound mind when signing the postnup. Each party should have their own lawyer look over the agreement. Both parties must disclose all their assets without knowingly withholding anything.
Q: Can a Postnuptial Agreement Be Contested?
A: Yes, it is possible to contest a postnuptial agreement if you were coerced into participating in one. You will need to provide proof that you were forced into a postnup against your will through either coercion or threats. If you can prove this, the postnup may be found entirely null and void. It is recommended that you reach out to an experienced family lawyer in that situation.
Contact a Family Lawyer Today
It’s not always easy to draft an enforceable postnuptial agreement, especially if your spouse is openly against it. You may want to involve a family lawyer who can help you include everything you want in the agreement. You don’t want to end up drafting a postnup that’s totally unenforceable because you missed various crucial elements.
The legal team at Stange Law Firm can help you put together a plan to protect your assets. Contact us to speak to a valued team member about your case.
