Postnuptial agreements are very similar in many regards to prenuptial agreements, the main difference is that a postnuptial agreement is drafted and signed after two people are already married. Couples choose to create postnuptial agreements for a variety of reasons. Some may opt to sign a postnup because they have started a business together, and they want to protect their assets in the business in the event of divorce. Others choose to create a postnup because their financial situation has changed significantly since they were first married.
Regardless of your reasons for wanting a Tampa divorce attorney to draft a postnuptial agreement for you, you will need to know what to include:
Division of Marital Debts
Any debts that were accrued during the marriage would be subject to division in the event of divorce. Rather than letting the courts decide who should assume those debts, you can work together with your spouse to determine how marital debts may be divided if you were to divorce. Some examples of marital debts that may be accounted for in the postnup include mortgage loans or credit card debt.
Division of Marital Assets
Marital assets are also something that must be divided between both of you should you decide to begin divorce proceedings. When you draft a postnuptial agreement, you can work together in advance to decide how the assets would be divided. In the event of a divorce, the courts would follow the confines of the postnup, and your divorce would move forward at a quicker pace. A postnuptial agreement eliminates a lot of the stress that surrounds divorce.
Spousal Support in the Event of Divorce
In the postnuptial agreement, you and your spouse can decide if either party will receive alimony if you were to divorce. Alimony is typically only needed if one spouse makes significantly more than the other.
Child Support in Case of Divorce
Couples who draft postnuptial agreements often take into consideration any child support that may be needed. You and your spouse can determine how child care will be provided, what the visitation schedule could look like and what type of financial support will be required if you were to divorce before your children reached adulthood.
If you and your spouse are in need of a postnuptial agreement, it’s important to work with a reputable Tampa divorce attorney who has experience drafting these legal documents. An experienced attorney can provide you with guidance and advice as you determine what to include in your postnup.
For more information about the process of creating a postnuptial agreement, contact our law firm today.
If you have questions for a Tampa divorce lawyer, or are unaware of the terms and conditions of a Tampa divorce, talk to, and retain, a family law attorney who can help. Contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-906-0048 or by e-mail at [email protected]