Reasons For Postnuptial Agreement
Post-nuptial agreements are usually addressed to one or more of the following concerns: „He kept saying, „Well, that would make my mother feel more comfortable,““ recalls Suzanna, who did not want to give her last name for data protection reasons. The lawyer for her husband`s family drew up an agreement. At the time, Suzanna was a university professor and there was no money to afford her own lawyer. „You paid for my lawyer. The lawyer looked over and said it was good, nothing to do to worry about,“ she recalls. In exchange for an agreement that the hereditary activity and any future assets that might result from it would not be considered marital property if they were ever to divorce, the post-Nup Suzanna offered a cash sum that was paid over a specified period of time. „I think it was $20,000 as a kind of „signature bonus,“ if you will,“ she says. She used the money for credit card bills and budget expenses. On the other hand, prenups have a long history and benefit from acceptance at the federal level.
In theory, this is a better solution when it comes to saying what happens to your financial assets and commitments. But the reality is that many couples will change significantly during their marriage; Post-up contracts are a way to deal with these changing circumstances. So if they`re already married, why do people make post-uptial agreements? There are a number of reasons. One of the essential elements of this situation is the somewhat philosophical concept of whether such agreements are used to punish the „bad spouse“ or to reward the „good spouse“ for continuing the commitment to a marriage that has suffered a blow. In a recent case in which I was involved, the post-uptial contract was drawn up after the husband who had a terrible affair was taken. The sole purpose of the Postnup I wrote was to invalidate a marriage agreement entered into by the parties before the marriage. This prenup protected millions of dollars from the man`s fortune from the just request for distribution of the woman in the event of divorce. These protective measures were completely eliminated by the Postnup, which destroyed the Prenup, as a result of the case.
Those considering a post-22ial agreement with their spouse should understand that these legal documents are not firmly. Even if a post-uptial agreement meets all threshold requirements to be valid and enforceable, the courts can still bring them down.