Why Postnuptial Agreement will be upheld in Most Cases?

A postnuptial agreement is a legal agreement made between the two parties of a marriage after the marriage has taken place. It can cover many issues such as alimony, except temporary alimony and division of marital assets. It cannot cover child support, the parenting plan, and parental sharing schedules. In most cases, a postnuptial agreement will be upheld by the judge but not always. You must be very careful when making a postnuptial agreement to be sure you have crossed all the t’s and dotted all the i’s. The following guidelines must be completed for a postnuptial agreement to be accepted by the court.

• The postnuptial agreement must be in writing. No other form of agreement such as a recording, text, or e-mail will be accepted.
• Both parties must sign the agreement.
• The agreement must be witnessed.
• The agreement must be notarized
• No coercion from either party must occur regarding the signing of the document. No threats as to what might happen if a party won’t sign are included in the term coercion.
• If a party speaks and or understands another language other tha
English, there must be an interpreter present at the signing. Enough time must be given for the entire postnuptial agreement to be read and explained to the party needing language interpretation.
• In most cases, each party will have its own atto
ey to help draw up the agreement. If one party has plenty of money and can afford a high-end atto
ey and the other can barely afford an atto
ey, the party with money needs to help the less fortunate party. A judge will not look favorably on a postnuptial agreement when legal representation is far out of balance.
• A judge will look carefully at the entire postnuptial agreement to ensure the stipulations it contains are not unreasonable. For example, one party would receive a great deal more in marital assets or marital debt than the other party. Even in states that are not equal in distributing marital assets and debts but are equitable, the courts try to ensure distribution of marital assets and debts is fair.

While it is true that a couple does not have to use professional legal help to draw up a postnuptial agreement, it is not wise to go it alone. Your chances of having your postnuptial agreement upheld by a court are far greater if you have the help of an atto
ey, preferably a Family Law atto
ey. Many atto
eys offer a free initial consultation where you can get more information regarding postnuptial agreements. It is a good idea to take advantage of finding out all that will be necessary to make sure your postnuptial agreement will be upheld by the court.

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