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No prenup? Consider a postnup

You had a whirlwind romance that seemed too good to be true, but when you said your vows, you knew you had finally found "The One." Now, after several years of a rocky marriage, you have concerns that he only married you for your money. You were so swept up in the passion and the romance, you did not even consider a prenuptial agreement. Fortunately, it is not too late. You still have time to put a postnuptial agreement in place to protect your assets.

If you are worried that your relationship will not last and you have high-value assets that need protection, it may be time to contact an attorney with family law experience in the Pembroke Pines area. An experienced lawyer can help you put the protections in place to guard your assets if your marriage ends.

Postnuptial agreements

In general, a postnuptial agreement is similar to a prenuptial agreement except that you and your spouse enter into the contract after you say "I do" instead of before. The agreement can stipulate how to treat your finances, assets and debt if the two of you divorce. In addition, it can also contain clauses that address spousal support, custody arrangements, and your individual responsibilities toward the household during the marriage.

Reasons to create a postnup

If you have children from a previous marriage, a postnuptial agreement can provide protections for the assets you intend to pass to them. In addition, the postnuptial can address issues such as cases of infidelity and terms for attempting to repair the marriage. Other reasons to create a postnuptial agreement include protecting your business and dealing with marital disagreements over finances.

Making the decision

Talking about financial issues and the possibility of divorce may seem like it will cause the marriage to end even if there are no other problems. However, if you have already acquired a significant amount of wealth, expect to receive a substantial inheritance or own a business, you should consider the benefits of putting a postnuptial agreement into effect.

While the agreement will not give you 100 percent protection if you divorce, it will certainly give you a strong standing when it comes time to negotiate a settlement or let the court preside over your divorce. In addition, be sure that the terms of your postnuptial agreement are fair and no coercion existed at the time each of you signed in order for the court to consider it enforceable.

If you are worried about the effects a divorce might have on your high-value assets, a postnuptial agreement may help alleviate some of your concern.

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Law Offices of Jerome P. Ventura, P.A.

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