Madison Postnuptial Agreement Lawyer
While not as well known as prenuptial agreements, postnuptial agreements are becoming more and more common among married couples looking to ensure that their assets are protected. Similar to a prenuptial agreement, a postnuptial agreement will generally lay out a plan for what will happen to a couple’s assets and liabilities in case of death, separation, or divorce.
A Madison postnuptial agreement lawyer could help you and your spouse draft a fair and enforceable agreement to protect your individual interests. A qualified family attorney could work towards a positive outcome for you. En Español.
What is a Postnuptial Agreement?
A postnuptial agreement is a legally binding contract that a couple may enter into following the couple’s marriage. Today, postnuptial agreements are becoming more and more attractive to married couples seeking financial security.
Postnuptial agreements typically address a number of different issues, including how the couple’s personal property, real property, and any other assets should be divided. A postnuptial agreement can also help resolve certain conflicts that may arise during the marriage, in addition to addressing any financial concerns.
While a postnuptial agreement is, in fact, similar to a prenuptial agreement, there is one distinct difference that ultimately sets the two types of marital contracts apart. While a prenuptial agreement must be entered into prior to the couple’s marriage in order to be valid, a postnuptial agreement can be entered into days, months, or even years after the marriage took place. This key factor makes postnuptial agreements much more flexible than prenuptial agreements.
How is a Postnuptial Agreement Created in Madison?
Unlike in the past, a postnuptial agreement is considered to be a legally binding contract in Madison today. In the 2011 case Bedrick v. Bedrick, the Supreme Court of Connecticut held, for the first time, that postnuptial agreements are not against public policy. The court instead held that such agreements promote the internal resolution of a couple’s issues.
However, there are a number of strict requirements that must be met in order for a postnuptial agreement to be deemed fair and equitable, and otherwise enforceable, in a Madison court. In order for a local judge to enforce the agreement, a postnuptial agreement:
- Must be properly executed
- Must have been entered into by both parties voluntarily
- Must not be the product of duress or coercion
- Must contain a full and accurate disclosure of each party’s assets, both jointly and individually owned
After the postnuptial agreement is drafted but prior to its execution, it is often similarly important that each spouse has an independent Madison postnuptial agreement lawyer review the terms of the contract. Utilizing this process helps ensure that the agreement is fair to each of the parties involved.
If it later becomes necessary for the couple to refer to the agreement, a judge would review the terms of the agreement and make a determination as to the agreement’s enforceability in court.
Contacting a Madison Postnuptial Agreement Attorney
There are many different reasons why a couple may seek to enter into a postnuptial agreement. Whether you are looking to have a postnuptial agreement drafted or reviewed, a Madison postnuptial agreement attorney in Madison is available to help.
To find out more information about postnuptial agreements, or to discover how a Madison postnuptial agreement lawyer may be able to assist you, contact an attorney today.