Do A Postnuptial Agreement Without A Lawyer

Dec 14th, 2013 | By | Category: Postnup

Do a Postnuptial Agreement without a Lawyer

Are you and your partner continuously bickering over several things like finances? Have you tried talking or asking help from marriage counselors, but still nothing changes? Postnuptial contracts and agreements have been gaining popularity nowadays and many claim that this one piece of paper could actually help you save your marriage… if that is what you are really aiming for.

What Is A Postnuptial Agreement?

Postnuptial agreements are similar to the Prenuptial Agreement – it is just that both parties sign this within the marriage. It is a written document that contains the settlement of the assets and affairs of the couple in case divorce or separation occurs. It should be notarized to make it official. The contents of this contract are different for each couple, although most also contains spousal support and division of property provisions in the event of a breakup, divorce, or one of them dies.

All postnuptial agreements must have all of these elements:

  • Mutual assent
  • Legality
  • Capacity
  • Acceptance
  • Consideration
  • Offer

There are many reasons why couples may get postnuptial agreements, but most get this with the intention of trying to fix what has been going wrong in the marriage with the hopes that the marriage can then move on forward.

Free Postnuptial Agreement

There are many postnuptial agreement forms that a couple could get free of charge whether offline or online. Getting a postnup lawyer is not really required, but it is highly recommended that you get one. Technically, you only need to sign the agreement in the presence of a notary public and two witnesses should also be there. Asking the help of a marital counselor would also do well for the couple especially if they are still not sure what terms to get to create an equal settlement that would be good for both parties.

The Importance of Hiring a Postnup Lawyer

Doing postnuptial agreements could help you save money – that is true. However, if done wrong, all your troubles in making it would go to waste. There are many other requirements that you need to submit to the court to make the contract legally binding. Every state also has different laws pertaining to postnuptial agreements. There might be loopholes that you failed to see upon signing the postnuptial contract and would eventually affect you in the event of divorce. These events are really not surprising if you are someone who lacks the proper training for legalities. If you are not sure about how this thing works, it is really best if you get a postnup attorney to ensure the credibility of your contract. Although postnuptial agreements are popular, they are still complex and some would even recommend you to get postnup lawyers who are expert in marriage and divorce.

Even if signing postnup agreements seem to be something that is easy to do, it is still best if you hire a postnup attorney to help you in your case. This postnuptial agreement could act as a blueprint in case divorce happens and just to make sure that everything is legalized, asking for professional help would be necessary.

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