Prenuptial agreements get all the attention in the media. We hear about the juicy details of celebrity prenuptial agreements and wonder if their marriage will last. While we may not be privy to the conversations or arguments that may have surrounded the prenuptial agreement, we understand it was drafted to protect one spouse's assets or both. Many people don’t realize that after the prenuptial agreement is put into place, it can be followed up by a similar postnuptial agreement. As the name suggests, this agreement is made after the marriage has happened and serves to amend or void the first arrangement conditions. Sometimes the postnuptial agreement is necessary to answer questions that were not clarified in the prenuptial agreement. Sometimes different issues become more important, and other thought to be significant turn out to be irrelevant. Postnuptial documents are drafted to address changes that need to be addressed regarding the now-married couple’s asset division.
A Postnuptial Agreement Usually Addresses New Issues
Often, the postnuptial agreement is necessary to resolve issues that need to be addressed at the moment. For a reality television example, Ashley Darby from the Real Housewives of Potomac, along with her husband, drafted a postnuptial agreement to address his infidelity. The details of the postnuptial agreement have not been shared publicly, but they did share the cause. If the parties end up divorced, the postnuptial agreement can help speed along with the proceedings because many of the settlement issues would be agreed-upon.
In Pennsylvania, postnuptial agreements are valid instruments for settling property rights, even after the marriage has been finalized. If the postnuptial agreement is later contested after the marriage dissolves, the court will investigate any disputes, looking for duress or fraud claims. If the court finds events of any of the claims, the postnuptial agreement will be voided. One way to avoid this setback would be for each party to have separate legal representation before signing such an agreement.
Securing Legal Representation
While you may feel that your situation doesn’t warrant legal representation, it is always wise to have an attorney review a postnuptial agreement before signing so you can be certain you aren’t being frauded. You should never sign a document under duress. Even if you feel that you are being pressured into signing a postnuptial agreement, you may need to prove it.
At Cairns Law Offices, we specialize in no-fault divorces for only $249. If the idea of a low-cost, amicable divorce appeals to you, contact us today to get started! Call us today at (888) 863-9115 to schedule a consultation.