Ask A Lawyer: Putting Together A Post-Nuptial Agreement

Question:

I just got married and I want to create a post-nuptial agreement between us. My spouse is 10 years my senior (60) and does not work (my income is currently $80,000 per year on average).

I want to include in this post-nuptial agreement items such "No Maintenance /Alimony upon divorce, all assets 50/50.

Would this holdup in the agreement or would I be subject to a judges order?

 

Answer:
You need to consult an attorney in the jurisdiction where you reside to obtain the specific requirements for a valid post-nuptial agreement. 

These agreements are fairly common and as long as they are drafted to comply with the requirements in your jurisdiction, the agreement should holdup in the event you do file for divorce.  Your attorney should ensure that your spouse has notice to contact their own attorney and obtain advice regarding the post-nuptial agreement.

 

 

Tiffany A. McFarland is a Senior Attorney and Litigation Manager with Cordell & Cordell, P.C. in the Overland Park, Kansas and Kansas City, Missouri offices. Ms. McFarland practices exclusively in the area of domestic relations. 

Tiffany is licensed in the state of Missouri and the state of Kansas and is certified as a Guardian ad Litem.

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