In what situations would you recommend a postnuptial agreement?
Houston, TX Family Law Attorney Michael Hiller talks about various situations which a postnuptial agreement might come in handy.
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When there’s a need for a postnuptial agreement there need to be a couple of things present. First of all, is there a need for reconciliation then we can structure a plan to keep the marriage together. On the other hand, if the parties aren’t quite ready for a divorce but they want to set out what the terms of their divorce will be then we go ahead and do a postnuptial agreement for that purpose. It can be both. It can be that part of it is a plan for the marriage and part of it is the postnuptial agreement that sets out the terms of the divorce. Most importantly, if you’re going to do that I put every single issue in the postnuptial agreement. Some lawyers shy away from the children’s issues but there’s absolutely nothing that prevents you from having all the issues addressed. And it should be exact as to how the property is going to be divided so there won’t be any going back to court or even having to use an arbitrator, it should be pretty cut and dry.