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October 19, 2006

The Sequel to Prenups

Posted by Filed under Marital Agreements.

Prenups (or lack of same) have gotten a lot of media attention lately, both in the context of “regular folks” and of celebrity divorces.

Their cousin is the postnuptial (or postnup) agreement, often also known as a property settlement agreement.

Although sometimes also known as a marital settlement agreement or a separation agreement, a postnup really doesn’t have to mean the end is coming.

Rather, a postnup can be thought of as a prenup done after the wedding - sort of.

There are similarities and differences between the two types of documents and, believe it or not, they are not mutually exclusive documents.

A postnup may make up for failure to get around to timely and properly executing a prenup before the wedding.

It may also modify, or even supersede and replace a prenup.

It may address changes that have developed since the wedding, either in the financial circumstances of the couple - or in the evolving relationships within the blended and expanded family.

In fact, some couples execute multiple postnups over the years.

Like a prenup, a postnup can be designed to “kick in” in either or both of two dinstinctive situations:

  1. separation and/or divorce
  2. or

  3. death of a spouse
  4. .

Read more in this BankRate.com article: For richer or poorer … or according to the postnuptial agreement.

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