South Florida Attorney Eric N. Klein

Post-Nuptial Agreements

Post-Nuptial agreements are frequently used by both marriage therapists and family attorneys to promote reconciliation and harmony in a troubled marriage. They are voluntary marriage contracts between spouses that are created after their wedding.

Post-nups help to resolve issues in a marriage by removing a source of disagreement. These sources include finances, assets, children, household duties, and anything else a couple could possibly argue over. They are also used as a way of controlling negative behavior by a spouse. This negative behavior is frequently seen as over-spending and adultery.

A more common use of a post-nup is to determine the new financial status of either spouse after the wedding. This can be because there was an unexpected, significant change in financial status that was not anticipated in a pre-nuptial agreement. The change in financial status can be due to a career change, inheritance, changes in investment income, or selling a business.

The best feature of a post-nuptial agreement is its ability to stop conflict and to promote harmony in the marriage. This, while it may seem dreamy, is true for many couples. Once the source of disagreement is removed thanks to a binding legal agreement, many couples manage to move forward happily.

Historically speaking, post-nuptial agreements have not been seen as being valid. This is because in the common law tradition of the United States, upon marriage, two people's identities are merged into one identity. As a contract can't have a single party named, it was therefore somewhat impossible for a marriage couple to contract with itself. Now, however, the validity of a post-nuptial agreement varies from one area to the next.

If you are experiencing problems in your marriage or have had an unexpected change in financial status and would like to discuss a post-nuptial agreement, contact the Boca Raton divorce lawyers of Klein Attorneys at 561-353-2600.