Sometimes marriage ends up being more rocky than smooth, in which case divorce is unavoidable. The distribution of property and the handling of spousal support are a couple of the biggest areas of contention a couple may have while going through a divorce in the state of Montana. However, having a postnuptial agreement in place may help to make the process much more amicable.
A postnuptial agreement is a legal contract that a married couple signs that explains what will happen if they get a divorce. It is also commonly known as a postmarital agreement. These types of agreements are variants of prenuptial agreements, which couples have been drafting and signing for several decades now. Postnuptial agreements just recently began to pick up steam among married couples.
Because postnuptial agreements are still relatively new at the moment, it is not always clear whether or not a divorce judge will deem one to valid. It is for this reason that these agreements must be as detailed and comprehensive as possible. Like a prenuptial agreement, both parties must sign a postnuptial agreement without coercion for it to be considered valid by the courts.
Writing a postnuptial agreement, just like writing a prenup, can be complicated from a legal standpoint. This is particularly true if there are high-value assets or a large number of assets that have to be addressed in the contract. However, a knowledgeable divorce attorney in the state of Montana can help with producing a well-thought postnup that meets a couple's needs.
Source: bloomberg.com, "Why More Couples Are Signing Postnuptial Agreements", Ben Steverman, April 28, 2017