Guest Posted October 18, 2006 Posted October 18, 2006 My wife sent my lawyer a post nuptial agreement. We are seperated and haven't had a lot of contact. Is anyone familiar with this type of agreemnt? Does this mean that we are getting divorced? Why wouldn't she just file for a divorce?
Gunny376 Posted October 18, 2006 Posted October 18, 2006 A Postnuptial Agreement (sometimes referred to as an After Marriage Agreement or Post Nuptial contract) is a written document signed by parties to a marriage that sets out how they agree to have property divided, spousal support determined, and attorneys fees paid in the future if the marriage ends in divorce. Is there any difference between a Postnuptial Agreement and a Marital Settlement Agreement? Yes. A Post Nuptial Agreement is usually entered into by parties not already in the divorce process, while a Marital Settlement Agreement is usually entered into by parties going through a divorce. Is there any difference between a premarital agreement and a post marital (or post nuptial) settlement agreement? Yes. A premarital agreement is entered into before marriage, and a Postnuptial Agreement is entered into after marriage. How the law views the parties is much different. Before marriage, the parties are entering into an agreement much like two business persons entering into a contract. After marriage, they are in a fiduciary relationship with each other, and any transactions between them are viewed with caution. Must each party to a premarital agreement have an attorney? No. However, it both parties have an attorney it makes it much more difficult for either party to later seek to challenge the agreement based upon a claim that they did not understand the document, or that they were forced into signing the agreement. Are their time requirements about when the agreement must be signed? No Can I create a Postnuptial Agreement online? Yes. Our service is designed to help people use the convenience of the internet to create a high quality, customized, Post Nuptial Agreements over the internet.
Guest Posted October 20, 2006 Posted October 20, 2006 Is there any difference between a post nuptial Agreement and a Marital Settlement Agreement? Yes. A Post Nuptial Agreement is usually entered into by parties not already in the divorce process, while a Marital Settlement Agreement is usually entered into by parties going through a divorce. In the state of Pennsylvania where I am at a postnup and a separation agreement are the same thing. I spoke to my lawyer and that is what i was told. I called my wife and told her that I do not want a divorce and she said that she sent the postnup because we sold our house and the money needs to go into escrow. She told me that we can hold off on the divorce and discuss it. I do not know if she is just saying this to get me to sign the postnup or not.
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