When a marriage hits rock bottom, couples would rather talk to anyone else than their spouse, typically beginning with the mundane lamentation of “I can’t talk to my wife (or husband) at all,” or “I can’t be around my husband (or wife) right now.”
While marriage counseling can help resolve the issue through a healthier manner (such as avoiding screaming matches), indispensable relationship skills needed to maintain a fulfilling relationship aren’t enough to reach a conclusion, especially when fears of financial security or a spouse’s spendthrift ways won’t be enough to save all those precious years spent together after exchanging vows.
That’s when Agreement Forms enter the picture to make sure that husband and wife are on the same page to know their responsibilities and the legal rights that they must protect.
Postnuptial Property Agreement Form
Postnuptial Agreement Contract Form
Sample Prenuptial Agreement Form
Though marriage is one of life’s happiest occasions (and not meaning to cause heartbreak), it is also a business deal if one looks at it from an economic perspective. It starts from the merging of two people who share the similar views on family, career, future goals, money, etc., laying everything out on the table to avoid miscommunication along the way, negotiating by weighing the pros and cons, and voicing out concerns in order to reach a compromise, and the signing of the contract which seals the fate of two people who have joined in matrimony.
Postnuptial Agreements, simply known as “postnups,” are basically the same as a prenuptial agreement, except that couples can only enter and execute this once they have been married. Therefore, expect Loan Agreement Forms to be added to where you will keep your marriage contract since in a Postnuptial Agreement, husband and wife confide to each other all the money, separate any marital property they currently own, and set forth the obligations and responsibilities they will have during the marriage such as the partitioning of assets should a divorce or death of either one take place.
Preparing a postnup is a cathartic experience for couples; however, it is the only opportunity to address the following issues:
- Determining any separate and marital property – Legal, emotional, or other reasons will call for a change if a property should remain to be handled by both or needs to be separated, or the other way around. If a separate property is not kept separate (it is under the name of both husband and wife), it will be deemed as a marital property which will be divided equally during a divorce.
- Financial responsibilities – In a scenario of owing money, if the husband brings in a substantial debt into the marriage, the Postnuptial Agreement will rule that the debt stays only with the husband, and the wife is not required to give even a single cent to settle the charges.
- Building marital priorities for the future – The financial needs of the children (from a prior or the current marriage), healthcare, disability, or social insurance, etc. must be thought ahead of time should the unexpected arise such as a divorce, cases of remarriage wherein the new spouse does not adopt the children, or accidents or deaths in order to avoid a madhouse scene.
Printable Postnuptial Agreement Form
Client In Take Form Example
Postnuptial Agreement Form in Word Format
Prenuptial Agreement Form
While postnups give marriage a leg up in financial and legal issues that marriage counseling does not cover, trust is the keystone that makes it work. The validity of a Postnuptial Agreement will be challenged by an air of mistrust due to the circumstances of:
- Two attorneys – Husband and wife should have separate attorneys when they enter into a Postnuptial Agreement, but if neither can afford their own lawyer, it will be handled by the court.
- Deception – If either spouse fails to disclose any assets or hides them, the court will dismiss the Postnuptial Agreement.
- Intimidation / coercion / pressure – If either spouse uses force to get a Postnuptial Agreement or does not give enough time to decide on the matter of the postnup, the court will reject the postnup.
- Biased / one-sided – A postnuptial divides a couple’s assets evenly; if one does not get anything from the agreement, the court will disregard the postnup.
To make things clear, a postnup is not a case of survival of the fittest and should never be. It is for one purpose and one purpose alone, and that is to have a common understanding on how to extinguish heated financial issues, which is why Non Disclosure Agreement Forms must be added to the table.
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