Didn`t you make a marriage deal before you got married? Don`t worry! A post-nup agreement is like a prenup, it is signed right after the two parties are married. Spouses can convert common property into separate properties at any time. Why would you choose that? Some prefer to have a « no community » marriage so that each spouse has ownership. Even spouses may want to share separate income and property. For example, a spouse may start a new business that carries risks. A post-uptial agreement allows both spouses to protect communal property and another partner from the risk and tax/income effects resulting from the new business. In addition, a post-uptial agreement has no pending wedding date that could approach and make a lot of pressure to sign. Some argue that post-married agreements are less reliable than marital agreements, because there is a different fiduciary obligation and responsibility between a married couple than a couple before marriage. Courts may find reasons not to impose it, and, as mentioned in this article in La Béast Daily, a post-nuptial agreement can be seen as a way to relieve some pressure on a relationship, not a real solution or long-term plan. Marriage contracts and post-ascending agreements are not only used to protect the parties in the event of divorce. These agreements can also be used to protect the parties in the event of death.
If a spouse or both have children from previous marriages, a spouse has a business or a couple wants to set financial expectations, a marital agreement could be the solution to these uncertainties. Prenups and postnups allow couples to negotiate in advance what they want to do in terms of wealth and finances if they divorce lower. But what is the difference between the two agreements? Post-nuption chords are virtually the same as prenups, only these are made after marriage. The main problem is that in the absence of a prenupation, many property becomes « marital property » as soon as marriage is legal.