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What to know about postnuptial agreements

West Virginia couples may have any number of reasons to resist drafting a prenuptial agreement, and while those reasons may have seemed sound at the time, you might find yourself wishing you had done otherwise now that you have tied the knot. However, even though a prenup is no longer in the cards, you can still work out a similar arrangement with your spouse known as a postnuptial agreement.

As FindLaw explains, postnups address mostly the same issues as prenuptial agreements, so it is likely you can still deal with issues that you may have had in mind before you got married. However, postnuptial agreements are also bound by the same limitations as prenuptial agreements. For example, courts generally do not consider child support and child custody provisions in prenups valid and are no more likely to legitimize such provisions in postnuptial agreements.

Couples can use postnuptials to handle many issues. Some people want to set in place how their assets and property will be split in the event of a divorce. Spousal support after a divorce can also be addressed, though these provisions will be subject to the approval of the court. Couples may also describe how new assets that are brought into the marriage are to be treated.

There are also cases when a spouse was previously married and had children from that marriage. A postnuptial is a good way to clarify your wishes regarding how your children from another marriage are to receive your assets. You can develop a thorough inheritance plan that includes your children from your previous and current marriage, and if your current spouse has any children from a previous marriage, you can address that matter if you choose.

Some marriages that turn rocky may even benefit from a postnuptial. According to ABC News, a spouse that has been unfaithful to a current spouse may offer to create a postnuptial that offers favorable provisions to the other spouse in the event the two divorce. Doing this can demonstrate a willingness to help repair a damaged marriage and could possibly prevent a divorce.


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