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Does a postnuptial agreement make sense for you and your spouse?

If you didn't get around to creating a prenuptial agreement, regardless of the reason, you may want to consider a postnuptial agreement -- widely known as a postnup.

Prenups and postnups serve the same purpose. The primary difference is when the document is created. As the name suggests, a postnup is created after you tie the knot.

While it's not always easy to discuss, once you and your spouse are on the same page you can decide if a postnuptial agreement makes sense. Here are some reasons to create a postnup:

  • To protect separate property that you brought into the marriage
  • To protect the inheritance rights of any children from a previous relationship
  • To protect yourself against a considerable amount of debt that your spouse brought into the marriage

Along with the above, a married couple may create a postnup before starting the divorce process. This helps minimize the length of the divorce as well as the cost.

When creating a postnup, there are several common mistakes that it's important to avoid:

  • Opting for a verbal agreement, instead of a written agreement (This isn't recognized under the law.)
  • Pressuring your spouse into signing the document
  • Including incomplete or false information

As you discuss the pros and cons of a postnup, take the time to listen to your spouse. You don't want this conversation to turn into an argument, as it'll only make things more difficult.

If you're ready to proceed with the creation of a postnuptial agreement, it's wise for each spouse to have an experienced attorney assisting them and protecting their interests.

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