Your Voice In Life's Uncertain Times

Are postnups legally binding?

On Behalf of | Jan 14, 2021 | Divorce |

Signing a prenuptial agreement before you get married is the best way to protect your assets in Wisconsin. If you don’t sign an agreement before you get married, you can sign a postnuptial agreement during your marriage. However, you might run into a few legal challenges if you bring up the postnup when you get divorced.

Can a postnup be enforced by law?

Generally, a postnup is just as enforceable as a prenup during a divorce. However, postnups are far less common than prenups, meaning that some states aren’t sure how to deal with them. Some states have laws that make it harder to use a prenup in court. For example, the state of New Jersey requires postnups to be declared “fair and just” according to the judge.

Postnups might be a little more challenging than prenups, but that doesn’t mean you shouldn’t take the time to write one. A postnup serves the same purpose as a prenup. If you and your spouse get divorced, the postnup can dictate how your assets will be divided. This is the perfect opportunity to make certain assets off limits in a split, like properties and assets that you want to pass on to your children.

If your postnup is challenged in court, an attorney may help you navigate through the process and see what parts are legally enforceable. You might want to consult an attorney during the initial drafting process to ensure that you’re writing a legally binding document.

What should you do if you’re thinking about divorce?

If you’re thinking about divorce, consider hiring an attorney before you tell anyone else, including your spouse. Any mistake you make could be used against you in court, causing you to lose certain assets or custody of your children. It’s important to speak with an attorney before making any major decisions.

In an ideal divorce, your attorney may help you negotiate with your former spouse. However, if you’re dealing with an abusive or volatile individual, your attorney might help you file a restraining order and help you fight for full custody of your children.