Residents
of Minnesota are likely familiar with prenuptial agreements and the purpose
they serve. These agreements are negotiated before marriage, and they often
come into play if and when a couple divorces.
Prenuptial
agreements are becoming relatively common amongst certain parts of the American
population. However, there is a different agreement that may be new to many
residents of Minnesota, but may apply to their living situation, specifically
stay at home moms. This agreement is known as the postnuptial agreement.
A
postnuptial agreement is created after a couple has married. Interestingly,
research shows this type of agreement is on the rise with Americans. A 2012
survey showed 51 percent of divorce attorneys have noticed an increase in
postnuptial agreements in the past three years and 36 percent noticed these
agreements are being initiated by the wives.
Some
are saying postnuptial agreements are important for women who have left a
lucrative career to become a stay at home mom. This is significant because it
is often difficult for mothers to regain their footing in the professional
world after staying home with their children for several years. Family law
statutes vary by state, and some argue these laws protect stay at home moms
enough that they do not need a postnuptial agreement.
Given
this state-by-state approach, it may be a good idea for couples considering a
prenuptial or postnuptial agreement to speak with an experienced family law
attorney. An attorney can help couples understand how such agreements can ease
the divorce process should it occur, and he or she may be able to draft
documents that specify how the couple would want certain family law issues
resolved.
Source: The
Daily Beast, "Why Stay-at-Home Moms Should Demand Postnuptial Agreements,"
Keli Goff, Dec. 3, 2013
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