In previous blogs and videos, we explained what a prenuptial agreement was, and what were its advantages. One of the characteristics of these prenuptial agreements is that they are signed before marriage. Many people called and come to the office, asking if it was possible to make a similar arrangement or a prenuptial agreement once they were married. In today's blog we are going to be talking about post-nuptial agreements.
Post-nuptial agreements, as the name implies, are agreements that the spouses reach after getting married. These agreements are similar to prenuptial agreements and establish the basis for the division of assets in the event of divorce. Post-nuptial agreements can also establish obligations and rights of the spouses during the marriage. Like prenuptial agreements, these postnuptial contracts must be negotiated by both spouses and will be strictly enforced in court.
Post-nuptial agreements are contracts made between spouses, and for a contract to be valid there must be consideration. In a prenuptial contract it is understood that the consideration is the celebration of the nuptials, but in a postnuptial contract this could not be the consideration. The parties must each have their own obligations and rights in this contract for it to be valid.
Another characteristic of a post-nuptial agreements is the fact that for them to be valid, the spouses must disclose all their assets and debts. Nor can it be signed under coercion or threat, and it is recommended that each spouse have a lawyer who represents their interests.
A very big difference from a prenuptial agreement is that post-nuptial agreements can establish a temporary custody arrangement of the children, as well as a temporary custody and care arrangement, which will take effect while the court decides custody and care during the divorce proceeding.
Post-nuptials could be used to modify or expand a prenuptial agreement. However, it will be necessary to review the letter of the prenuptial agreement to know if it authorizes modifications, because generally these are not allowed.
If you need help preparing a post-nuptial agreement, don't hesitate to call us. At Y. Morejon Attorney PA we handle family cases, and we can help you with yours. Here, your problem is our problem.