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Postnuptial agreements can be helpful during divorce

When it comes to being cheated on in a marriage, an increasing number of spouses in the state of Texas and elsewhere are not taking any chances. They are using postnuptial agreements to protect their best interests. For instance, in these legal agreements, two spouses can agree that if one cheats on the other and they end up getting a divorce, the one who was cheated on has the right to get the marital home, the family car and a large percentage of their additional assets.

The postnuptial agreement is similar to a prenuptial agreement in that it spells out how assets will be divided in the event of divorce. What makes it different from a prenuptial agreement is that it is signed after a couple have gotten married, not before. Postnuptial agreements are also known as postnups or postmarital agreements.

One reason a couple may opt to create a postnup rather than a prenup is that they ran out of time to do the prenup before getting married. Another reason is that a couple might be estranged but are willing to try to reconcile. In such a situation, the couple may be trying to stay together for the sake of the kids and wish to avoid going through a messy divorce, but they develop a postnuptial agreement just in case they do end up needing it at some point.

To ensure that a postnuptial agreement is enforceable, it must be done properly. An attorney in the state of Texas can help with the process of drafting this type of legal document. Even in situations where postnuptial agreements were never created, an attorney can help to make sure that one's rights are upheld during a divorce proceeding.

Source: bloomberg.com, "Why More Couples Are Signing Postnuptial Agreements", Ben Steverman, April 28, 2017

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