Fifty-one percent of divorce attorneys polled by the American Academy of Matrimonial Lawyers say they have seen an increase in postnuptial agreements over the last three years. These agreements are voluntary contracts between couples who have already married and usually cover issues involving finances, property, assets, children, support, and probate. We have seen this trend in Colorado and have verified with noted Family Law Attorneys that this is in fact the case.
Move over ‘prenup’, there’s a new marriage document in town that can protect your assets even after you’ve said “I do.” That’s right, more and more married couples are opting to protect their assets with a postnuptial agreement.
Although the idea of marriage is to be together forever, many couples recognize that things can go wrong in a relationship. The stuff that can throw a monkey wrench into a marriage are things like children from a prior marriage, separate assets and estate plans, and, yes, even inheritances. So, even if you did not work out agreements regarding such stuff before exchanging vows, there’s always a cure after the fact. Enter the postnuptial agreement.
According to recent studies and an article in Private Wealth titled “Postnuptial Agreements On Rise, Lawyers Say,” you may never have considered a ‘postnup’, but an increasing number of people have and are. Across various incomes, married couples have found them to be valuable tools. There are many reasons to support this trend, even between spouses who otherwise would not ordinarily commit such agreements to paper.
Whether or not a postnuptial agreement is right for you, make note that these agreements can provide a practical pre-condition for an heir and spouse to adopt as part of your estate planning.
Reference: Private Wealth (September 12, 2012) “Postnuptial Agreements On Rise, Lawyers Say”