Justin Bieber Marriage Agreement

Last week it was reported by TMZ who obtained the marriage certificate of Justin Bieber and model Hailey Baldwin, that they were in fact already married although the couple has not had an official ceremony yet. The couple still denies being married but the proof is in the pudding; the marriage certificate is what legally makes you married not a ceremony.

The couple rushing to get the certificate were not able to get a prenuptial agreement drafted by their attorneys. So what are the options now for the couple? A postnuptial agreement.

A postnuptial agreement, which is sometimes also referred to as a postmarital agreement, is a legal document designed for couples who are already married or in a civil union.

A postnuptial agreement can cover what would normally be in a prenuptial agreement, including:

  • which spouse keeps certain property
  • which spouse pays alimony, including how much and for how long
  • which spouse is responsible for martial debts like mortgages, credit cards, and loans, and

Each state has its own requirements for postnuptial agreements, but generally speaking a postnup must meet the following criteria:

  • written—an oral agreement dividing marital assets isn’t enforceable
  • signed—both spouses have to sign the agreement and should have it notarized
  • voluntary—one spouse can’t threaten, deceive, coerce, or physically force the other spouse to sign the agreement: If that occurred, the contract isn’t enforceable.
  • fair—a postnuptial agreement can’t be extremely one-sided or unfair
  • full disclosure—both spouses must disclose information about their assets, income, debts, and property.

Postnuptial agreements also can’t control child custody or child support similar to prenuptial agreements.

If Justin and Hailey decide to do a postnuptial will it be enforceable?The answer is most likely yes. There are some states like California and Utah that make it harder to enforce because they view that there is a higher duty (especially financially) to someone you marry versus a fiancé or girlfriend and so these states will review these type of agreements with a fine tooth comb. Luckily Justin and Hailey were married in New York so they shouldn’t have any problems enforcing theirs if they choose to go down this route to protect their joint and individual assets in the marriage.

 

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