Lee's Summit Missouri Postnuptial Agreements Package

State:
Missouri
City:
Lee's Summit
Control #:
MO-P089-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package can be used by married persons who wish to define and specify their respective and collective rights in the separate and joint property of the parties. These forms are often used by couples who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that postnuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.


Included in your package are the following forms:


1. Postnuptial Property Agreement;


2. Amendment to Postnuptial Property Agreement; and


3. Revocation of Postnuptial Property Agreement.

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FAQ

Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur. Property division is one of the primary concerns with a postnuptial agreement.

Postnuptial agreements are invalid if it is determined that one of the parties exercised fraud, duress, or undue influence over the other. Fraud generally exists when one party deceived or concealed an important fact that would impact whether or not the other party executed the agreement.

In Florida, a postnuptial agreement needs to be in writing, signed by both parties, and comply with the law. The agreement also must also reflect that both parties have truthfully disclosed the state of their financial affairs to one another before entering into the contract.

Postnuptial agreements are enforceable provided they are fair at the time they are made and fair at the time that they are sought to be enforced. Pacelli v. Pacelli, 319 N.J. Super.

Postnups are not strictly legally binding, but they can be more likely to be upheld than prenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up.

Laws. Enforceability: Postnuptial agreements will not be enforced unless they are entered into freely, fairly, knowingly, understandingly, in good faith, and fully disclosed. If these requirements have been met, the agreement is binding on the trial court unless the court finds the agreement unconscionable.

A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent.

The Bottom Line In certain marital situations, a postnup is strongly recommended for spouses who didn't sign a prenup. Postnups are particularly beneficial when one or both partners have significant pre-marital assets or children from previous marriages.

A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.

What Is Typically Included in a Postnup? Each postnuptial agreement is different and can be tailored for each couple. The agreement typically includes decisions about each spouse's assets, alimony and maintenance expectations, and plans for other payments like the other spouse's legal fees and child support.

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Lee's Summit Missouri Postnuptial Agreements Package