It is no surprise that prenuptial agreements are becoming increasingly popular in Arkansas and across the country. Whether it is because there are more individuals getting married for a second or third time that want to protect the property they bring into the marriage or provide for children from a previous relationship, more and more couples are using this family law tool to lay out how property is to be divided, what spousal maitenance will look like or how child custody will be determined should a divorce happen. But, what about those people in Arkansas who are already married and never created a prenuptial agreement?
Like a prenup, a postnuptial agreement provides many of the same protections for individuals within a relationship. These tools can be especially beneficial for those people who just were unable to finish a prenuptial agreement before the wedding day or who learned about prenups too late.
Another group of people who utilize postnups are those who receive some sort of gift or inheritance that have specific instructions. Say, for example, a woman received a parcel of land that had been in her family for generations. Although the land was hers, whoever left her the land made it clear that the land should be returned to the family at her death. By creating a postnup, the woman would be able to protect against her husband ever receiving the land in a divorce, or from it being considered as part of the marital property.
There are many reasons for a postnuptial agreement, but it is important to create them correctly, or there is a chance that they will be declared null and void, exposing a couple to the normal Arkansas divorce process.
Source: USA Today, “Why postnups may be picking up,” Kelley Holland, July 14, 2013