How To “Fix” A Prenuptial Agreement

How To "Fix" A Prenuptial Agreement.

A Post Nuptial Agreement Can Potentially Fix and Unhappy Marriage.

By Robin Roshkind, Esquire, West Palm Beach, Florida

I have a client who came in to see about getting a divorce.  She wanted to know what her rights and options were.  I sensed she wasn’t quite ready to walk out on a long term marriage, so I asked why she wanted a divorce.  She said that her husband did not allow her any control over her own finances. 

I sent her home to talk to her husband about splitting up the assets and debts, as if they were going to go through a divorce.  The husband was shocked.  He had no idea his wife was so unhappy in the marriage, nor did he realize why.

Once they had a heart to heart conversation, it was agreed that the husband would give the wife her share of the marital assets.  But they did not know how to do this legally.  So she called me back with the good news and for advice as to how to go about doing this, giving her some control and financial freedom.  I suggested a post nuptial agreement.

In a post nuptial agreement, the spouses stay in the marriage but divide the assets into individual accounts.  The important and legal part of this though is that EACH RELINQUISHES MARITAL ENTITLEMENT TO THE OTHER’S ASSETS.  Simply by changing names on accounts does not accomplish this under the law, as even if assets are in one name or the other, they are still MARITAL.  The important part of it in a post nuptial agreement is that the assets become INDIVIDUAL, as the other party waives any future right to that asset EVEN IF THE PARTIES STAY MARRIED.

I am happy to say, with the post nuptial agreement, this AVERTED DIVORCE.  The wife now had control over her own finances.  For more information about this or any other marital topic, call one of the lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

What is a post-nuptial agreement and why do you need one?

By Robin Roshkind, Esquire – West Palm Beach, Florida

With all the second and third marriages taking place, most couples appreciate the need for parameters that lay out the foundation of divorce should a marriage fail.  Where prenuptial agreements set forth those terms, post-nuptial agreements serve a different purpose.  Post-nuptial agreements are signed AFTER the marriage takes place.  It may even be years after the wedding day.

Perhaps the most important reason to have a post-nuptial agreement in place is for the husband and wife to reaffirm the prenuptial agreement.  This adds an extra layer of protection, should one or the other spouse challenge the validity of the prenuptial agreement years later. 

Secondly, a post-nuptial agreement can change what the prenuptial agreement says, either by being more or less generous to a spouse or by redirectgin assets to children.  These agreements also deal with present day changes in the marriage.  For example, if a spouse gets caught cheating, a post-nuptial agreement can lay forth what financial “punishment” will take place if the spouse gets caught a second time. 

The obvious problem with post-nuptial agreements is getting the already married spouse to sign them.  It would have to be something both husband and wife want to do to keep the marriage in tact.  Both parties should seek independent legal advice before signing anything.

I practice family law in Palm Beach County, Florida.  For more information about these agreements, please call my law firm, Robin Roshkind, P.A., for a consultation (561-835-9091) or visit the firm’s website at www.familylawwpb.com.

The importance of having a prenuptial agreement prior to the wedding

By Robin Roshkind, Esquire – West Palm Beach, Florida

Many people do not like to think of the “legalities of love”, because it seems unromantic and offensive.  But for those couples getting married a second or third time, prenuptial agreements are a must, if either or both parties have assets and/or children.  Prenuptial agreements do not take effect until the walk down the aisle.  But they must be negotiated, witnessed, and executed, AT LEAST 30 DAYS PRIOR to the wedding to be valid and enforceable.  Each party must sign the prenuptial agreement with full understanding of its ramifications, without duress, over reaching or fraud, and with the intent to be bound.  It is a good idea for both parties to have independent legal counsel as well as tax advice.

Prenuptial agreements deal with what happens to the parties, their property and children’s assets in the event of a divorce, as well as a death.  Property and cash awards can be based upon the length of and contribution to the marriage, while death provisions MUST be accompanied by estate planning documents, the least being a will or a trust. 

Because each case is different, it is important to know what you are doing when you sign a prenuptial agreement.  For more information about my firm and about prenuptial agreements, please call my law firm, Robin Roshkind, P.A., for a consultation (561-835-9091) or visit the firm’s website at www.familylawwpb.com.