Divorce lawyers and marriage counselors have noticed an increase in post-nuptial agreements. For couples who previously decided not to file a pre-nuptial agreement or simply did not have the time, the rising trend of post-nuptials protects both spouses assets in the case of a divorce. With more same sex couples marrying legally since the repeal of the Defense of Marriage Act, these agreements have allegedly been filed almost 50 percent more in the past three years alone according to a recent study.
Post-nuptials are important for married couples to prepare for the worst case scenario of a separation or divorce. Filed after a couple is legally married, post-nuptials can address every aspect of a spouse’s assets from child custody to property inheritance. Since the Defense of Marriage Act (DOMA) was repealed in 2013, same-sex couples have been filing post-nuptials to protect their legal benefits.
Experts have determined that post-nuptial agreements have been increasing for a variety of reasons. One is to separate a couple’s financial concerns from the livelihood of their marriage. Another could be the attempt to renew a marriage in jeopardy. An additional factor in the rise of post-nuptial agreements is a rushed wedding after the repeal of DOMA with insufficient time to file a prenuptial agreement.
Whether you or your spouse is filing a pre-nuptial or post-nuptial agreement, it is important to contact a skilled lawyer in the case of divorce. Your legal team could be able to protect your assets and devise an agreement to satisfy both parties. A divorce attorney could be capable of settling your case in or out of court in a timely manner to settle any dispute.
Source: NBC News, “If you ran out of time for a prenup agreement, try a postnup“, Kelley Holland, July 05, 2013