In addition to the basics, there are other things that deal with most post-up chords. First, the agreement defines what happens to marital property in the event of a spouse`s death. This is important because a surviving spouse may waive certain property rights that he or she would otherwise inherit. Second, a post-uptial agreement sets out certain conditions agreed by both parties ahead of separation. By pre-approving these conditions, both parties can avoid the date and cost of divorce proceedings. The transfer of property, other marital property, custody, support and assistance, etc., is agreed upon by the spouses after separation. This part of the agreement is usually included in the final divorce decree. A post-uptial agreement will also aim to establish the rights of spouses in a future divorce. These agreements are not just about marital property; they will also often be limited or abandoned to child support. Meanwhile, a handful of states, including Ohio, do not recognize post-marital agreements at all or recognize them only in extremely limited circumstances. “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. This form of personalization is perhaps attractive for today`s millennia, which reach the age of marriage after growing up in a world where they have been able to adapt everything from their college major to the selection of the media they consume, to the lunch they order. “When they`re in a relationship and a party wants a deal after marriage, it`s a very difficult negotiation,” says King, who recalls a close family member who signed a post-nup against his strong objections (and advice from his own lawyer).