By Robin Roshkind, Esquire, West Palm Beach, Florida
There are two major reasons for doing a Postnuptial agreement. First, if done after the wedding, say in the first year of marriage, the postnuptial agreement can reaffirm the prenuptial agreement and all its terms. It adds a second layer of protection to the prenuptial agreement, making it that much harder to prevail in a challenge down the road. Postnuptial agreements can also modify prenuptial agreements by changing some of the terms, now that the marriage has taken place.
Postnuptial agreements can also serve as separation agreements where a divorce is not imminent. It gives the parties a sense of control over separate assets and debts, during a time when the husband and wife may be trying to figure out whether or not to divorce. Postnuptial agreements can be viewed as separation agreements, or marital settlement agreements should a divorce be filed in the court.
The subject matter of the postnuptial agreement can be anything from asset and debt division to who pays for what household expenses, or what happens to a spouse if he/she gets caught cheating. They are valid, enforceable agreements if signed under the proper circumstances. For more information about or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835-9091 or click on the Firm’s web site at www.familylawwpb.com.