John C. Mayoue practices in family law matters, specializing in complex and difficult cases.



JohnMayoue.Com

Family Law Prof Blog




Unmarried Couples May Get Rights Under British Law

Sir Paul's Divorce May Help British Pre-Nups Take Hold

Viagra Helps Husband Defeat Wife's Divorce Claims

The TomKat Pre-Nup

Study Shows Devastating Effects of Divorce on Finances

Anna Nicole Wins in the Supreme Court

Caught on Tape

What About "Green Card" Marriages?

Child Without His Father's Name No Longer Stigmatized

Judges Enforcing Divorce Confidentiality Agreements



February 2006

March 2006

April 2006

May 2006

June 2006






Google Reader
del.icio.us Family Law File - John C. Mayoue
Add to My Yahoo!
Subscribe with Bloglines
Subscribe in NewsGator Online

myFeedster
Add to My AOL
Subscribe in Rojo

 


Tuesday, June 27, 2006

Post-Nuptial Agreements on the Rise

On a subject related to prenups, there's news that more couples in south Florida at least are turning to the prenup's lesser-known cousin, the post-nuptial agreement.

According to the Palm Beach Post, more and more family law attorneys in South Florida are being asked to help couples sign these agreements, which are exactly like prenups except, of course, for the timing.

Just as with prenups, many post-nups are negotiated by couples who are marrying for the second, third - or more - time. Quite often they do so at the insistence of adult children who want to keep inheritances from their parents intact and not shared with step-relatives.

Post-nups are especially useful in Florida, where widows and widowers can challenge a spouse's will and lay claim to a third of the spouse's estate, which could throw a monkey wrench in any inheritance bequest. A post-nup closes that loophole and protects the kids' inheritance from any surprise attack by step-mom.

Post-nups also - like the Kidman-Urban agreement above - contain what I call "relationship clauses" that are designed to ensure the couple remain married. This could include penalties if one of the spouses is unfaithful.