An agreement on how assets will be distributed in the case of a divorce and how communal property will be managed during the marriage is known as a postnuptial agreement. Every aspect of the agreement must be discussed, agreed upon, and signed by both spouses. The Agreement may not be enforced without the voluntary participation of each Party.
Contact a reputable washington state divorce record attorney if you have any issues regarding a postnuptial agreement.
POST MARITAL AGREEMENT
Legal precedent suggests that prenuptial and postnuptial agreements are both enforceable. However, that does not exclude you from contesting a seemingly valid agreement. This can be accomplished by demonstrating that the agreement was not signed voluntarily. However, the definition of “voluntarily” in the Texas Family Code is ambiguous.
A court may define voluntary as being free of coercion and undue influence. The court will consider the circumstances and psychological impact the agreement had on the complaining spouse when determining whether she signed the agreement voluntarily. Additionally, the agreement might not be enforceable if it was unconscionable when the parties signed it. To demonstrate that the marital arrangement was unconscionable, you must demonstrate the following:
- Neither your spouse’s assets nor financial obligations were disclosed reasonably and fairly.
- Your knowledge of your spouse’s assets and financial situation couldn’t have been complete.
- You didn’t give up your right to get more information than what was given to you in terms of disclosure.
However, the court will not release you from the provisions of the postnuptial agreement just because you feel it is bad. You have no choice but to abide by the agreement’s conditions if it was properly prepared and disclosed legally.
Postnuptial Agreement Elements
When couples establish a postnuptial agreement, a number of issues come up, such as:
- Keeping track of money while married
- Procedures to follow if you wish to divorce in order to share your possessions
- How much spousal support must be paid following a divorce
- the spouse responsible for making post-divorce marital debt payments
- During the marriage, each party will be in charge of their own property.
Contesting a marital settlement is difficult and requires a lot of information. Anyone needing legal advice should see a family law expert before signing a prenuptial or postnuptial agreement. To prevent any future issues, it is ideal that each party have their attorney while drafting this agreement.