A postnuptial agreement provides financial protection for both parties in the event of a divorce, protecting funds one party brought into the marriage. However, several issues can arise when creating or upholding the agreement.
If you are dealing with postnuptial agreement issues in Frisco, working with a lawyer can help you reach a fair resolution that continues to protect your rights. For more information, schedule an initial consultation with a seasoned postnuptial agreements attorney today.
Unlike a prenuptial agreement, which is put together before the marriage, when spouses put together a postnuptial agreement, they are already married. A lack of agreement can quickly become contentious, creating unnecessary conflict.
When there is a lack of agreement regarding post-nup terms, a lawyer could help the two spouses understand their options and arrive at a solution that works for both parties.
A postnuptial agreement should be designed with terms that extend the duration of the marriage. Unfortunately, in some cases, a postnup may be created with little regard for how finances or financial balance can change throughout the marriage. That lack of flexibility can lead to complications when attempting to enforce the agreement during divorce.
One of the most common postnuptial agreement issues in Frisco is bias or a lack of equity in the agreement’s terms. Sometimes, a postnuptial agreement may include terms that are unfair to one spouse, such as those that do not reflect their contributions to the marriage or marital finances.
The terms of a postnuptial agreement can become outdated when the spouses’ financial circumstances change dramatically, or the situation changes in a way that was not anticipated as part of the postnuptial agreement. Reviewing and updating the terms regularly can help ensure that nothing is missing from the agreement and is still current.
In some cases, the terms of a postnuptial agreement might not be legal to enforce. That can include cases like the following:
When these illegal terms come into play, the court will not enforce the postnuptial agreement, which means it will not provide the protections many people seek as part of their agreement.
Regarding postnuptial agreement issues in Frisco, pressuring one partner to sign under duress is a serious concern that can have an immense impact. If one partner forces the other to sign, including threatening immediate divorce, loss of marital relations, or other actions that prove controlling, the agreement may not be legally enforceable.
If you are dealing with postnuptial agreement issues in Frisco, you do not have to handle the challenges alone. At Towson Law Firm, PLLC, our lawyers understand the problems that can arise when sorting out a postnup, both when you are putting the agreement together and if you need to enforce it during the divorce process.
Our family attorneys aim to reduce conflict as much as possible, streamlining your proceedings and avoiding unnecessary stress. Contact us today to learn more about your postnuptial agreement and how to handle any issues.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
