How to Prepare for Your Postnuptial Agreement Attorney Meeting

• What is a postnup?
• Who is a postnup for?
• What postnup services does Hello Divorce offer?
• Info needed
• Best time to get a postnup
• What else should I know?

A postnuptial agreement is a legal document that married couples can create. Each couple is free to set forth their own set of agreements in a postnup, but both must agree and sign the document for it to be valid.

A postnup typically outlines ownership of marital assets in the event of a divorce. It may also give direction on issues such as child custody, child support, and business assets.

If you’re wondering if a postnup is anything like a prenup, the answer is yes. The two documents are nearly the same, though one is signed after the wedding (postnup) and one is signed before it (prenup).

If you’ve decided that creating a postnuptial agreement is right for your marriage, you will want to meet with an attorney to either draft your agreement or to have them review the agreement you created. Hello Divorce provides this service.

We understand that it can be nerve-wracking to work on a postnup with your spouse. Here is some information to help you feel prepared.

Who is a postnuptial agreement for?

Happily married couples

Unfortunately, most of us are familiar with current divorce statistics. You may be happily married now, but what happens if things go south? A postnup can help protect your marital assets in case of a divorce.

It's not something that anyone wants to think about, especially when they are happily married. But, by establishing a postnup agreement, you put yourself in a better position should the unthinkable happen.

A postnup can help ensure that you and your spouse are both treated fairly in the event of a divorce, and it can also help to avoid costly and time-consuming litigation. After it has been signed, you can put it in a drawer and hope to never see it again.

Suggested: Why the Happily Married Should Consider a Postnuptial Agreement by Hello Divorce CEO and certified family law specialist Erin Levine.

Couples with assets

When a couple has high-value assets, they want to make sure that their property would be protected in the event of a divorce. A postnup can provide that assurance by outlining exactly what would happen to those assets in the event of a split. This can be especially important for couples with businesses or other complex assets.

Couples with basic assets may also want a postnup to help make sure their property is divided fairly in the event of a divorce. Without a postnup, they could end up fighting over who gets what, which can be a costly and time-consuming battle. A postnup can help avoid all that hassle and headache.

Couples with children

When a couple has children, their lives change in many ways. Not only do they have to worry about taking care of a new person, but they also have to think about how a divorce would affect their children. One way to make the divorce process easier on kids is to have a postnup.

By having a postnup, the couple can avoid going to court and fighting over complex issues like child custody, child support, and timesharing. This translates to less stress for the kids, who don’t have to watch their parents fight it out in court.

Couples contemplating divorce

When a couple is considering divorce, it can be a very difficult and emotional time. Often, one of the first things to be considered is how the break-up would impact shared finances. A postnup can provide a way for couples to outline the division of assets and liabilities in the event of a divorce.

A postnup can help prevent disputes and expensive litigation down the road. It can also help promote the fair treatment of both parties in the event of a divorce. In some cases, a postnup can even help to speed up the divorce process.

There are many reasons why a married couple might want to sign a postnup. Perhaps they have accumulated a lot of assets since getting married and want to make sure everything is properly divided in the event of a split. Or maybe they’re in a second or third marriage and want to avoid any potential disagreements down the road. Read all the benefits of a postnup here.

Postnups from Hello Divorce

So, what exactly does Hello Divorce offer married couples who want a postnuptial agreement?

For a flat rate, a Hello Divorce attorney can help you prepare a legally sound postnuptial agreement using the terms both of you have agreed to. We help people all around the country do this because our platform is virtual (video conferencing) or, if you prefer, by phone or even email.

Our flat rate covers five hours of service. We encourage you to make a rough draft of your desired agreement before meeting with us. Make sure both of you agree to all points in the agreement.

After you sign up with us online, you will be prompted by email to set up your first appointment. If you have questions before the first meeting, please schedule a free 15-minute call with an account coordinator. The more prepared you are for your meeting, the more efficient the process will be.

If you simply need an attorney to review a postnup you have already drafted, consider purchasing a one-hour attorney consultation with Hello Divorce instead of the complete postnuptial package.

What information should I gather before my first meeting?

Financial information

For a postnup to be valid, you'll need to disclose everything. All financial assets must be on the table. The same goes for your debts. This is what makes the contract fair.

Make sure you come prepared with the following financial information:

• Bank statements
• Credit card statements
• Property titles
• Retirement account statements
• Student loan statements
• All debt statements or data

Your specific agreements

Every couple’s postnuptial agreement is unique. It reflects their unique situation and desires. Here are some possible bullet points for you to discuss with your spouse, draft into an agreement, and bring to your first meeting.

• Spousal support: How much spousal support will be paid, and for how long?
• Child support and custody: How will child custody be determined, and how much child support will be paid?
• Pet custody: Who will get custody of the family pets?
• Student loans: Who will be responsible for paying the student loans?
• Credit card bills: Who will be responsible for paying credit card bills?
• House: Who will own the house, and who will be responsible for mortgage payments?
• Vehicles: Who will own the car, boat, or other shared vehicles, and who will be responsible for car payments?
• Retirement plans: How will retirement plans be divided between you and your spouse?

When is the best time to get a postnup?

When it comes to creating a postnup, both spouses need to be on board. If one spouse is hesitant, it can create tension and lead to difficulties down the road. 

Here are a few tips for dealing with hesitation from one spouse:

• Express your concerns, and listen to your partner's concerns. This will help you understand one another's point of view.
• Come up with a list of reasons why creating a postnup is important to you both. This can help your partner feel more confident about the agreement.
• Work together to create a fair and reasonable agreement. This will show that you're both committed to the process.

If you can work through these issues, you're likely to have a smooth postnup process. Remember that both spouses must be on board in order for a postnup to be effective.

What else should I know?

While a postnup isn't sexy, about half of all marriages today end in divorce. So, a postnup is a prudent and stoic way to look at things. Sure, you hope you don't get divorced. But if you do, you've already worked through the issues, making your divorce faster, less expensive, and best of all, less contentious.

If you’d like to know more about Hello Divorce – what we offer, what it’s like working with us, whether our services would be appropriate for your situation – we offer a risk-free way for you to get personalized answers to your questions. Schedule a free 15-minute phone call with an account coordinator by visiting our calendar here. Then, sit back and let us provide you with the knowledge and help you need to get things done.

Suggested: What Is a Postnuptial Agreement, and How Do I Get One?