Since the people negotiating the deal are married – that is, they already share assets, already have certain legal rights, already share a house and finances and perhaps children – negotiating a post-nup is very different from other types of contracts. “If I negotiate commercial contracts, they are subcontracting operations,” king explains. “If someone offers me conditions that I find unfair, I will say no. It`s a deal, and you can offer me fair terms, or I can do business with someone else. This is not the case with a post-nup. The ultimate “leverage” that a spouse has is divorce. Some people think that negotiating marriage contracts is an unnecessary and stressful exercise, where the act of reflection on divorce can cause a marriage to fail from the beginning. Many couples opt for post-ups simply because they don`t want unpleasant discussions about sharing wealth before their big happy day. Therefore, these negotiations could be more fluid once the despised young people have settled into their marital routine. A resevering contract can raise many different issues, including: There are generally three different but related types of resilience agreements in the United States today. But legally, the post-ups of prenups differ only in the fact that they are concluded after a couple has already married.
However, most States allow parties to an agreement that has been denounced to hire the same lawyer; However, in this way, the courts will examine the agreement in more detail on the issue of fairness. Marriage contracts must always be the subject of separate legal assistance. One thing that can`t make a conjugal agreement, whether post-nup or pre-nup, is the arrest of child support or the decision on custody after a divorce. “You can`t deduct your responsibilities to your children,” says Meghan Freed, the family lawyer. Support and custody are always the responsibility of a court. Additional contracts may include provisions for the distribution of property and property after divorce; parameters relating to the maintenance of the spouse; debt allocation; and what happens to assets after the death of a party. . . .