Iowa Post-Nuptial Agreement Attorneys

When you and your spouse get married in Cedar Rapids, you may not feel that you need to set terms with a prenuptial or postnuptial agreement. However, the fact remains that anywhere from 40 to 50 percent of marriages in the United States end in divorce, according to the American Psychological Association.

That rate climbs even higher for second marriages, making a postnuptial agreement a pragmatic choice to protect yourself. These agreements can also support you in the tragic event that your spouse passes away.

If you do not have a postnuptial agreement, then you may want to consider contacting a lawyer at Arenson Law Group, PC who can help you put together a legally binding document that protects both you and your spouse in the event your marriage ends. Contact our Cedar Rapids divorce lawyers today at (319) 363-8199 for your consultation.

Prenuptial vs. Postnuptial Agreements

A prenuptial agreement is formed before marriage, while a postnuptial agreement is created after you and your spouse are already married. Other than that, a postnuptial agreement is very similar to a prenuptial agreement. Once you’re married, many assets become joint assets, such as property, retirement accounts, stocks, and more. In the postnup, you will need to determine how you would want to split your assets between you and your spouse.

There are a few different reasons to complete a postnuptial agreement. It could be that the couple didn’t have time to complete a prenup before their wedding. They may view it as a process that should be undertaken after they’re married, or it could be an option for couples struggling in their marriage.

What’s Included in a Postnuptial Agreement

In a postnuptial agreement, you generally want to include a few key elements and any items specific to your marriage. The types of things usually considered in a postnup include:

Properties — Going into a marriage, you may own property such as investment property or an inheritance. It might be best to declare those in a postnup agreement, especially if something is passed down from a family member and you wish to keep in your family. Iowa does recognize separate property from property acquired during the marriage, but it is still advised that you protect yourself.
Debt — If your spouse has a lot of debt, it is possible that their debtors could come after you and your property even after a divorce. Include protection for yourself in the postnup agreement so that they cannot make you responsible for your spouse’s debts.
Children — If you have children from a previous marriage, and you’re entering into a second marriage, you can protect them by including them in a postnup agreement, to ensure they inherit some of your assets when you pass away. Without this stipulation, your spouse could potentially take everything, leaving your children with nothing. For any future children, you can try to include custody agreements at this juncture, but the courts will often proceed with what is believed to be the best option for the kids and ignore what is in the postnup agreement.
Dividing Property — Decide now what properties each spouse would receive in a divorce, rather than waiting until you are embroiled in a bitter divorce. It’s easier for you and your spouse to divide things up when you are still happy and in love rather than furious and frustrated with each other.

It may seem odd to think about writing a postnuptial agreement, especially if you are young without many assets, but this could help you in your marriage. These types of agreements often bring up money management practices, and you could both decide together about joint bank accounts, keeping assets separate, and more.

If you are entering into a second marriage and both of you bring assets into it, then a postnup may be recommended. This ensures that both of you leave the marriage with what you brought, should the marriage end up in divorce. It can also regulate any alimony that may be paid by either spouse in the event of a divorce. You may state that there will be no alimony, for example, or you may set a certain payment amount.

Why You May Want a Lawyer for Your Postnup Agreement

Remember, a postnuptial agreement is a legally binding contract. If you sign one without having a lawyer look it over for you, you could end up with nothing if your marriage ends in divorce or death. A lawyer who has experience writing postnuptial agreements can make sure your agreement is legally sound and addresses everything, including property that you and your spouse share, joint accounts, and more.

You and your spouse wrote a postnup agreement to protect each other. But if your spouse becomes spiteful during the divorce, they could try to get the agreement nullified. Your lawyer can also work to ensure that the agreement is ironclad, meaning there won’t be much chance for the agreement to get thrown out by a judge. A Cedar Rapids postnup agreement lawyer can help you stay shielded from the most negative effects of a divorce, but only if they help before you sign the document.

In Need of a Postnuptial Agreement Lawyer? Call Us Now

At Arenson Law Group, PC, we have helped many people throughout Cedar Rapids and nearby Iowa areas with their postnuptial agreements to ensure that they are well protected if their marriage ends in divorce or death. If you are searching for a postnuptial agreement lawyer to help you with your legally binding contract, we can assist you.

Written by James H. Arenson

Last Updated : April 5, 2024