What is a Post-Nuptial Agreement?
Anyone who's watched television during a predictably acrimonious celebrity divorce probably knows what a prenuptial agreement is.
It's a document that serves as a pre-marriage contract that makes provisions for the division of property and spousal support should the marriage end in divorce.
But perhaps you've also heard of a post-nuptial agreement, and you may be wondering what that is.
After all, it doesn't make a whole lot of sense to wait till after the wedding to make those sorts of plans.
Contrary to what it sounds like, though, a post-nuptial agreement has very little to do with a prenuptial agreement.
A post-nup is a document frequently employed by marriage therapists, relationship counselors, and family attorneys to help promote forgiveness and happiness in a troubled marriage.
That is, post-nups are drafted voluntarily and signed by the spouses as a sign of good-faith in the relationship and a promise to work past areas of contention and reaffirm their commitment to one another.
What's in a Post-Nup? The terms of these agreements are usually meant to curb bad behavior in marriages by removing an area of contention.
For example, many marriages suffer from arguments about family finances, how to raise the children, household responsibilities, marital fidelity, etc.
A post-nup agreement serves to eliminate these areas of disagreement by having the spouses pledge to overcome them.
For example, if adultery has become a source of discord in a marriage, the relationship counselors may have the spouses sign a contract promising to stop engaging in extramarital relationships.
Another common point of argument is the control of the family finances.
Frequently, when one partner loses a job, the family finances change, which can be incredibly stressful.
Some spouses have a difficult time adjusting to the new pecuniary reality, and this can negatively affect their relationship.
Post-nuptial contracts can help resolve this conflict by spelling out the terms of the new financial situation.
Is a Post-Nup Legal? The legality of a post-nuptial agreement varies from jurisdiction to jurisdiction.
Traditionally, they have been viewed as not legally binding, since it is a document signed within a marriage; that is, it is a contract with only one party.
However, as perceptions as to the legal status of individuals within a marriage have changed, the post-nup agreement has come to be seen as potentially more valid.
It's a document that serves as a pre-marriage contract that makes provisions for the division of property and spousal support should the marriage end in divorce.
But perhaps you've also heard of a post-nuptial agreement, and you may be wondering what that is.
After all, it doesn't make a whole lot of sense to wait till after the wedding to make those sorts of plans.
Contrary to what it sounds like, though, a post-nuptial agreement has very little to do with a prenuptial agreement.
A post-nup is a document frequently employed by marriage therapists, relationship counselors, and family attorneys to help promote forgiveness and happiness in a troubled marriage.
That is, post-nups are drafted voluntarily and signed by the spouses as a sign of good-faith in the relationship and a promise to work past areas of contention and reaffirm their commitment to one another.
What's in a Post-Nup? The terms of these agreements are usually meant to curb bad behavior in marriages by removing an area of contention.
For example, many marriages suffer from arguments about family finances, how to raise the children, household responsibilities, marital fidelity, etc.
A post-nup agreement serves to eliminate these areas of disagreement by having the spouses pledge to overcome them.
For example, if adultery has become a source of discord in a marriage, the relationship counselors may have the spouses sign a contract promising to stop engaging in extramarital relationships.
Another common point of argument is the control of the family finances.
Frequently, when one partner loses a job, the family finances change, which can be incredibly stressful.
Some spouses have a difficult time adjusting to the new pecuniary reality, and this can negatively affect their relationship.
Post-nuptial contracts can help resolve this conflict by spelling out the terms of the new financial situation.
Is a Post-Nup Legal? The legality of a post-nuptial agreement varies from jurisdiction to jurisdiction.
Traditionally, they have been viewed as not legally binding, since it is a document signed within a marriage; that is, it is a contract with only one party.
However, as perceptions as to the legal status of individuals within a marriage have changed, the post-nup agreement has come to be seen as potentially more valid.
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