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Focus: Execution of a postnuptial agreement during marriage

On Behalf of | Oct 17, 2011 | Prenuptial Agreements

We have provided readers with relevant information concerning prenuptial agreements in prior blog posts, and thought that today we might follow that up with some points that are germane to a postnuptial agreement.

A postnuptial agreement is, generally speaking, quite similar to a premarital contract, with this immediately noticeable difference: Whereas a prenup is executed by a couple prior to marriage, a postnuptial is drafted during marriage. The goal of both is often the same or nearly identical: to provide for the protection of certain assets in the event of a divorce.

Many couples who have executed a postnuptial agreement later say that they were glad they did and that they simply weren’t ready to consider a prenuptial agreement going into their marriage.

That makes sense, because many couples mature during marriage and are better able to openly discuss what are sometimes sensitive matters only after years of a shared union and marital partnership.

Moreover, the types of things that feature centrally in postnuptial agreements often surface only gradually and over time, as the duration of a marriage increases — things such as concerns over how a house will be disposed of in the event of divorce; how debt will be handled; how earnings will be allocated; how the inheritance of one of the partners will be handled; how children from a previous marriage will be provided for; how a business will be disposed of and so forth.

For many couples, it makes eminent sense to openly discuss these matters during marriage and take purposeful legal steps to identify and make provisions concerning them.

If you are a Florida resident with questions or concerns regarding any matter related to a prenuptial or postnuptial agreement, contact an experienced Miami family law attorney.

Related Resource: Huffington Post, “Why a post-nuptial agreement can save your marriage” Oct. 7, 2011