Why may spouses need to create a postnuptial agreement?

On Behalf of | Nov 10, 2021 | Divorce |

Connecticut couples may sign a postnuptial agreement after getting married. The general intent reflects protecting their individual assets. As noted by Harper’s Bazaar, you may retain your separate property by creating a private contract with your spouse.

You may revise your postnuptial agreement to include any new assets or remove the ones disposed of. Acquiring a complex business enterprise may become easier to manage or divide if you and your spouse discuss and agree on their own before a divorce.

A postnuptial contract may revoke a prenuptial agreement

If you and your spouse originally signed a prenuptial agreement, you may wish to modify its contents. A prenup creates a legal contract before marriage. You may, however, revoke it and produce a new one after exchanging vows.

Postnuptial agreements may undergo as many revisions as necessary. Children, for example, may change how you wish to divide your assets. The possibility of a future divorce may require negotiating ownership of your family home.

Postnuptial agreements may serve to verify separate property

Gifts and inheritances are generally classified as a spouse’s separate property in the Constitution State. If you inherited assets or received any as gifts, a postnuptial agreement may confirm that your spouse has no right to them if you divorce.

When inherited money commingles into joint accounts, the court may view those funds as belonging to both spouses. An inherited property used regularly by both spouses may also draw attention. A court may consider it as having converted from a spouse’s separate property to one of your shared assets.

Even without a prenup, you may maintain the property as your own by negotiating a post-marital contract. Postnuptial agreements generally allow you to differentiate between each spouse’s separate assets. If you decide to divorce, your signed postnuptial agreement may lead to a less stressful legal procedure.