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.