After a couple marries, one or both parties may regret not getting a prenuptial agreement to protect themselves or a business financially. Fortunately, a post nuptial agreement is a good option for married couples, offering many of the same protections as a prenup.
A pre or post nuptial allows a couple to decide in advance how marital property, including a small business, will be distributed in the event of a divorce. A couple can also agree that one spouse will pay the other spousal maintenance should they divorce.
Child support and child custody cannot be addressed in a pre or post nuptial agreements. These issues are typically decided in court considering the best interest of the child and existing child support guidelines.
For both prenuptial post nuptial agreements, couples should seek separate legal representation to avoid conflicts. The terms must be in writing and include a statement of assets and liabilities for both parties. The terms of the agreement must be fair.
Challenges to a pre or postnuptial agreement may include:
- That an agreement was signed involuntarily through coercion or threats or one spouse was not provided adequate time to review and agreement before signing
- An Unconscionable or unreasonable agreement was entered into that impoverishes or greatly reduces the standard of living of one spouse
- Full financial disclosure of assets and liabilities was not given as required
- Lack of independent legal counsel or involuntary waiver of right to counsel is a factor
Contact an Experienced Prenuptial Agreement Attorney for Help
When you have questions regarding pre or post nuptial agreements, contact the Wisconsin family law attorneys of Probst Law Offices, S.C. for help at 414-210-3135.