CONSIDERING: The contracting parties intend to enter into force immediately. 5.5 The parties expressly waive their rights to challenge this post-uptial agreement because of a lack of autonomy, coercion, inappropriate influence, lack of will or misunderstanding. The post-uptial agreement can be tailored to your specific needs and will generally address financial and property rights for each party in case the marriage ends. In the case of a post-nuptial agreement, it is imperative that all assets be fully disclosed. If all assets are not disclosed, the document may become void. It is also imperative that each party have its own representation and that neither side be incorporated into the agreement. A post-marriage agreement is valid and can be applied as long as it protects both you and your spouse and has been concluded with full and fair disclosure of all assets from both you and your spouse. The agreement must also be executed and recognized with the full formality necessary to register a title. A valid post-uptial agreement is recognized by the New York courts. To be valid, the agreement must protect both spouses. Moreover, it cannot be achieved by fraud, coercion or coercion or if there is an inequality with the conditions. In addition, there must be full and fair disclosure of all assets of both parties prior to the conclusion of the post-uptial agreement. And both spouses must have independent legal assistance for the agreement to be enforceable.
Finally, the agreement must be executed and certified notarized. As with Prenups, the «right» time is different for each couple. It is customary for postnups to be made when there are some kind of big changes in finances or marriage, or if there is a desire to clarify the status of the property acquired before marriage. For example, it can be used to identify the property when a spouse wishes to use a property or separate property acquired before marriage to acquire marital property. It can also be used to clarify what happens with certain assets in the event of a divorce, without triggering a divorce. Postnups should not only be in contemplation of divorce and can actually be used as a tool for future succession planning. It is important to review your state`s laws, as each state may have specific requirements for post-uptial agreements. In general, there are a number of criteria that must be followed by a post-nuptial agreement: a prenup must be fair with each partner and meet your individual needs.
In the event of a divorce, you and your partner minimize the possibility of adversarial proceedings or a lengthy and painful trial, since your wishes are already clearly stated in the agreement. PandaTip: There may be specific rules on how post-uptial agreements should be executed in your country or country. In developing this proposal, we chose an approach for «belts and parentheses» after renewal, as this execution requires the presence of two witnesses who sign before a notary (or lawyer).