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Is a Postnuptial Agreement Right for Me?
A Portland Family Lawyer Explains
Sometimes situations change after you sign the marriage certificate. You may get on track towards a lucrative career, or your spouse may inherit a significant amount of wealth from a family member. In other cases, you may wish to seek a legal separation from your spouse These developments can change the nature of a relationship and may cause you to wonder what will happen should the marriage dissolve. Portland divorce attorney Ronald Allen Johnston can counsel you as to your marital rights and draft the appropriate documentation, including a postnuptial agreement, to best suit your goals for the future.
What Is a Postnuptial Agreement?
A postnuptial agreement is not necessarily an agreement to end the marriage, but rather, it establishes a plan for handling assets and property should the relationship end at some point in the future. Property division and the potential for spousal support is an important thing to consider in any marriage.
A postnuptial agreement (also called a “postnup” or “post marital agreement”) offers an enforceable contract that you and your partner can use to delineate your respective rights to property.
Portland family attorney Ronald Allen Johnston can help you write a postnuptial agreement that will ensure you keep what you need and cherish should your marriage end.
Reasons for a Postnuptial Agreement
Similar to a prenuptial agreement, postnuptial agreements can help protect assets that may grow in value after your marriage begins. These assets may include:
- Business interests
- Equity interests
- Inheritance and estate payouts
- Life insurance policies
- Retirement funds
- Employment-based wages and benefits
- Investment dividends
- Fraternal society benefits
Oregon Specifics for Post Marital Agreements
In Oregon, there are no statutes that delineate the guidelines for the enforceability of a postnuptial agreement, which means that a postnuptial agreement may be subject to scrutiny if a divorce occurs and the agreement is challenged. The courts will want to make absolutely sure that:
- The agreement was made in writing, signed by both spouses and notarized;
- It was voluntarily made without duress;
- The agreement is fair to both parties;
- There was full and accurate disclosure of all assets at stake in the agreement.
An experienced Portland family attorney can review your postnuptial agreement to make sure that it is legally sound and to reduce the likelihood of problems should you need to invoke it. When drafted and executed property under the guidance of an experienced attorney, post nuptial agreements are legally enforceable and can withstand challenges.
We Can Help You Plan for the Future
Marriage can be a thrilling experience, but it’s essential to plan for both a future with your partner and without them. Portland divorce attorney Ronald Allen Johnston has years of experience with helping families and individuals protect themselves from whatever the years may bring. Contact our office today to take the first step towards a secure future.