As with any type of legal agreement, you should only enter into a post-uptial agreement after careful consideration of all the provisions and implications of the agreement. Here are some of the reasons to think twice about creating and signing a post-uptial agreement. A few months after their wedding in 2016, the couple Krista and Ben of Pennsylvania have done something small, but more and more Americans are doing it: they have signed a post-marriage agreement. Krista came up with the idea. « The hardest part was the little time between the idea that maybe we should have a marital contract and the conversation. In my head, I was scared – what if it was weird? She recalls. « But Ben was great on board. » While pre-nups are widespread in the United States, post-nups have some characteristics. Differences in family law from state to state mean that post-nups distinguish their applicability based on where a couple lives. Since post-nups are traditionally rare, some states simply do not have much jurisprudence – the text of past decisions that governs the interpretation and application of the law – on post-nuups.
This means that lawyers and couples who want to impose after birth always find the exact limits of what a post-nup can or cannot do. A post-uptial agreement is a legal contract between a couple who is already married or who is in a civil union. He describes what would happen if the marriage ended, either by divorce or death. « There were a lot of moving parts and different factors that we were going to combine in our relationship, » says Ben. Their post-nuptial arrangement, or post-nup, allowed them to have a marriage on their own terms. « We wanted this agreement as a guide, » says Krista. « An understanding that we shared in a formal sense, but also in the knowledge that we could change. » Post-nuptial agreements can be concluded in loving and trusting relationships. Indeed, it is preferable to conclude these agreements when the marriage is on solid ground. « 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). « She was essentially irritated by the fact that she had her bargaining counterpart 24-7 on her face, which pushed her into this agreement. » What happened? « She and her husband are still married. I don`t think they`re that happy, but I guess it works in that regard, because they were very close to divorce and they stayed together – and they have young children.
But it was not an economically equitable agreement. Because each couple`s financial image and living conditions are different, there is no single answer as to whether or not you should sign a post-uptial agreement. The best decision for you depends on your own financial situation. Although laws may vary from state to state, there are five basic elements for a post-uptial agreement: It is usually whether a spouse is at a disadvantage or is printed in the agreement. Although a judge makes the final decision, you don`t have to sign a marriage arrangement if they don`t stop saying, « Well, my mother would be 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.