If you and your spouse regret not drafting a prenuptial agreement, there is still time to create an equally protective postnuptial agreement. Postnuptial agreements are identical to prenuptial agreements in terms of the issues that they address. The only significant difference is that the spouses legally sign the agreement after they are married. For questions and help drafting your postnuptial agreement in Vancouver, contact Cohen Family Law, LLC.
Why Choose Our Clark County Postnuptial Agreement Lawyers?
Our team has over 25 years of experience and a thorough understanding of the specific and complex laws related to postnuptial agreements.
We take the time to understand each client’s situation and will help you determine how to protect you and your family’s best interests.
Our postnuptial agreement attorneys remain available to our clients and will constantly communicate to keep you updated and discuss any matters of importance to you.
How an Experienced Postnuptial Agreement Lawyer Can Help
Postnuptial agreements are legally binding contracts recognized by the Washington courts. Therefore, they must be negotiated and prepared with the careful guidance of an experienced postnuptial agreement lawyer. Even if a postnuptial agreement is deemed valid and fair by both spouses at the time they sign, one may choose to contest it later in the event of divorce. Ensuring the terms of a postnuptial agreement will be upheld requires the knowledge of a skilled postnuptial agreement attorney.
What Topics Postnuptial Agreements Can Include In Washington
A postnuptial agreement may arise in the context of a separation, a divorce, or simply to spell out certain rights of a married couple. Your postnuptial agreement can be customized to include a wide range of issues, including but not limited to:
How property and other assets will be divided if the marriage ends.
Whether one spouse will pay spousal support and how long support payments will continue.
How any marital debts will be divided in the event of divorce, including things like mortgage loans, credit card debt, and other loans.
Protecting business interests by addressing ownership and operational concerns.
Asset distribution if either spouse dies during their marriage, which may include different provisions depending on whether or not divorce proceedings were underway at the time of the death.
Clarifying rights regarding inheritances for children from a prior relationship.
Similar to prenuptial agreements, postnuptial agreements cannot include provisions regarding child custody, parenting plans, or child support.
Enforceability of Postnuptial Agreements In Washington
A postnuptial agreement must be a written legal document created with the absence of duress or misrepresentation. The agreement must represent a full disclosure of all assets and be fair to both sides. Each spouse should be represented by a different attorney, which reduces the chance for a spouse to claim they were taken advantage of. Once an attorney has prepared the document, it must be voluntarily signed and verified. Part of the contract’s enforceability revolves around its clarity. If one spouse is not entirely aware of what they are signing and could arguably have interpreted the terms another way, the courts may declare the agreement invalid.
Contact Us Today
If you are looking to draft a postnuptial agreement or have any questions, contact Cohen Family Law, LLC. Our postnuptial agreement lawyers can help ensure your assets are protected; call (360) 953-5000 or reach us online to schedule your free consultation.