Postnuptial Agreement Lawyer in Sandy

Throughout a marriage, circumstances can change. When they do, spouses may look towards making an agreement that protects assets or handles other potential financial issues. When this occurs, our Sandy postnuptial agreement lawyers can help.

At Brown Family Law, we’ve helped thousands of clients navigate the family law process. Our Sandy family lawyers can help you with all of your postnuptial agreement needs.

Reach out today to schedule a consultation with our legal team.

What Is a Postnuptial Agreement and When Do You Need One?

Postnuptial agreements are legally binding contracts that a couple enters into after they have already married. They are similar to prenuptial agreements, except they are created after marriage instead of before it.

Postnuptial agreements can address a range of financial matters, from protecting individual assets to clarifying financial responsibilities as circumstances change.

What Can a Postnuptial Agreement Include?

Postnuptial agreements typically involve financial matters. These can include:

• Property division: For example, stipulating that one spouse will retain ownership of a house or piece of land.
• Allocation of debt: If one spouse entered the marriage with substantial debt, then a postnuptial agreement may outline that they will still be responsible for the debt if a divorce occurs.
• Spousal support: An agreement may outline what alimony will be required if there is a divorce.
• Inheritance: An agreement may protect one spouse’s inheritance if a divorce happens. It can also outline specific inheritance protections for any children from a previous marriage.

What Can’t a Postnuptial Agreement Include?

While financial concerns are the biggest factor for a postnuptial agreement, you may be wondering what can’t be included. In postnuptial agreements, you generally cannot include:

• Custody arrangements: A court decides child custody based on the child’s best interests.
• Child support: You are unable to waive or change any future child support obligations.
• Lifestyle: You cannot try to add any rules that concern a person’s actions (for example, how household chores are divided between spouses).

When Might a Postnuptial Agreement Be Needed?

While not always true, something typically happens that causes spouses to consider a postnuptial agreement. Some common reasons include:

• Inheritance: One spouse receives an inheritance or a family gift.
• Business ownership: One spouse starts or grows a business and wants to ensure they maintain control over the business.
• Career changes: One spouse cuts back work hours or becomes a stay-at-home parent and wants to ensure they have financial stability if a divorce occurs.
• Reconciliation: One spouse wishes to have financial boundaries or terms after an issue in the marriage, such as infidelity.

How Our Postnuptial Agreement Attorneys in Sandy Can Help

Postnuptial agreements can be tricky, as you’re balancing both spouses’ feelings and the legal process of creating the agreement. Our Sandy postnuptial agreement attorneys can step in to ensure a fair process. We can:

• Clearly draft the agreement, ensuring that both parties understand the postnuptial agreement.
• Ensure that financial disclosure is accurate and honest. This includes gathering any necessary supporting documentation.
• Handle negotiations if any terms of the agreement are argued against by one spouse. The goal is for both parties to feel that the agreement is fair.

We will act as legal counsel for one spouse, while the other spouse retains their own counsel. This is to ensure that the process is fair and no one is being coerced.

Why Choose Brown Family Law?

We approach every case with kindness and dedication. You will receive a call every Friday, where we will go over the status of your case and give you the opportunity to ask questions.

Our client testimonialsshowcase our empathy and the strengths we bring to every case we take on.

What Is the Postnuptial Process Like in Sandy?

The postnuptial process involves a few key steps. These can include:

• Talking with your spouse about a potential postnuptial agreement. See where you both agree and where there may be disagreements.
• Hiring an attorney. As mentioned above, each spouse must hire their own postnuptial agreement lawyer.
• Ensuring that both spouses disclose all finances. This includes things like stocks, savings accounts, and debt.
• Drafting the initial agreement.
• Negotiating the terms if there is disagreement over any part of the postnuptial agreement.
• Reviewing the drafted agreement.
• Signing the agreement and having it notarized.

What If Only Some of the Terms Are Agreed to?

If both spouses can’t come to complete agreement, then the postnuptial agreement may need to be redrafted. It must be completely agreed to by both sides before it can become legally binding.

In some cases, a neutral third-party mediator (separate from either spouse’s legal counsel) may assist in resolving disagreements about specific terms.

Is There a Deadline for Postnuptial Agreements?

No, there is no deadline for postnuptial agreements. They can be drafted at any point during a marriage.

However, it’s important to note that postnuptial agreements should not be rushed. If the agreement is signed while facing an ultimatum or during divorce proceedings, a court may invalidate the agreement.

Discuss any timing concerns that you have with your lawyer.

Contact a Postnuptial Agreement Lawyer in Sandy Today

Prenuptial and postnuptial agreements are often an essential part of a marriage. While your marriage will hopefully last a lifetime, having an agreement in place can help you feel confident in your financial future, regardless of how circumstances may change.

When you and your partner are ready to draft a postnuptial agreement, reach out to the legal team at Brown Family Law. Our Sandy postnuptial agreement attorneys can represent you going forward and give you peace of mind about the legal process.

Call us today to schedule your initial consultation.