What is a Post-Nuptial Agreement?
A post-nuptial agreement is a property agreement that is entered by two spouses after they are married to govern the property rights of the parties at divorce or at death.
Is a Post-Nuptial Agreement the same as a Pre-Nuptial Agreement?
No. They are similar in the fact that they are both property agreements that govern how a couple's property will be managed or distributed. But a pre-nupital agreement is contemplated and executed BEFORE marriage, and a post-nuptial agreement is done after marriage. Both are legally enforceable purposes, but the context of why and how they come about is different.
When would I want to think about executing a Post-Nuptial Agreement?
Here are some of the following situations where it is smart to execute a post-nuptial agreement:
- When there is insufficient time to execute a Pre-Nuptial Agreement before the marriage ceremony, but the couple still wants the legal protections and understanding that they would have if they had executed a pre-nuptial agreement. A post-nuptial property agreement is also a legally enforceable agreement around how their separate property and joint property will be managed in the future and set support obligations should they later divorce.
- As part of estate planning in the context of a second marriage situation, the parties wish to govern how their property should be viewed as part of their individual estate plans, and the need to waive homestead protection for real property.
- The prenuptial agreement needs to be modified as it no longer represents their desires.
Whether you're just starting out together or need to clarify your interests after you are already a couple, a Property Agreement is a smart way to protect your assets and make a plan to build a life together.
Give us a call. We can help.
Law Office of Shawn C. Newman, P.A.
710 Northeast 26th Street
Wilton Manors, FL 33305-1238
Phone: (954) 563-9160
Serving all of the greater Fort Lauderdale area and Broward, Palm Beach, and Miami-Dade counties in Southern Florida.
