Some states are more vulnerable to the implementation of a post-uptial agreement than others. It`s on a state, on a case-by-case basis. A few months after their wedding in 2016, the couple Krista and Ben of Pennsylvania have done something small, but more and more Americans are doing it: they have signed a post-marriage agreement. Krista came up with the idea. “The hardest part was the little time between the idea that maybe we should have a marital contract and the conversation. In my head, I was scared – what if it was weird? She recalls. “But Ben was great on board.” A post-uptial agreement is a legal contract between a couple who is already married or who is in a civil union. He describes what would happen if the marriage ended, either by divorce or death. We help you negotiate directly with your partner`s lawyers as you wish, either at meetings, by phone or in writing. Alternatively, we also advise you in your direct negotiations with your partner. We advise you in the development of the agreement and we will ensure that the conditions are clear and complete.
“Transmutation is not a binary thing,” says Kretchmar. “The question is whether a spouse has developed a right to the asset. A year in which a year is paid for mortgages, well, that doesn`t mean that a spouse owns the house directly. But if it is estimated at $100,000 this year, according to one estimate, they may have some of that capital gain. And if one spouse can`t afford to buy the other`s share, divorce could force the sale of that fortune, also known as a farewell to the cabin you wanted to move to a fourth generation. “So,” Kretchmar said, “they sign an agreement that says, “I love you, I`m not trying to fool you with anything, but that fortune will remain a separate property, not a marital property.” Below, you`ll find some of the scenarios in which a post-nupyial agreement might be useful. “By getting married, you`ve already made a deal,” says Meghan Freed, a family lawyer who practices at Freed Marcroft in Hartford, Connecticut. “Many people don`t realize it, so there is an understandable desire to do so, to express their common understanding of what death or the end of marriage would mean.” With marriage comes a kind of default arrangement – a series of responsibilities and rights already enshrined in state law, such as the right to obtain a fair distribution of marital property in divorce, or to obtain marital support. Post-nups are a way to modify the presets of marriage to meet the individual needs and situations of a couple.