Postnuptial Agreement

This will often depend on the state. For example, not all states allow a spouse to waive the right to spousal support. As is customary, a Postnuptial Agreement cannot be used as an inducement to divorce, nor can it adjudicate custodial matters like custody, child support, and visitation rights that are the territory of state family law. Upon a challenge and subsequent scrutiny, it is not unheard of for a judge to invalidate parts of the agreement found unreasonable.

First and foremost, the Postnuptial Agreement protects investment and personal assets and against personal liabilities in the event of a divorce, which can include any inheritance due one of the spouses. A postnup may reduce the costs of and potential rancor in future divorce proceedings. Potential disadvantages include the fact that it can be hard to enforce as state family and common laws kick in after a union.

First, your Postnuptial Agreement must be in writing. Second, it must contain full disclosure of all assets owned. Third, the agreement must be fair and reasonable. At last, both spouses have to agree to all the terms in the agreement without duress. Any violation could make the agreement easier to overturn.

As the name implies, the prenuptial agreement is entered into prior to getting married, as opposed to the Postnuptial Agreement used post-union. Any prenuptial agreement would automatically go away if the planned marriage did not happen. As is common, this is a standard agreement used when one of the couple considering marriage is in possession of (or in line to inherit) significantly more assets and wealth.

Like all assets, a spouse can keep his or her digital assets separate from the other spouse. These may include digital photos, videos, data, IP rights, and more, which may even include online banking accounts given skillful handling.