Postnuptial Agreements: Your Key to Regret-Free Marriages

What is a postnup agreement and do you need one? How can it help protect you and your assets in the event of a divorce? Divorce Law Attorney Sergio Cabanas talks about how postnuptial agreements work in the State of Florida.
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Watch this video in English:
What is a Postnuptial Agreement?
• Postnuptial Agreements...
Mira el video en español:
¿Qué es un acuerdo postnupcial?
• Evita errores: todo so...
**Please note that the information in this video is not legal advice and is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**
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Sergio Cabanas, Esq. has been practicing law since 1991. After graduating from Washington College of Law in Washington D.C., Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.
The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody / Timesharing, Child Support, Alimony, Prenuptial Agreements, Postnuptial Agreements, Domestic Violence, and Post-Divorce Related issues.
The firm serves three counties in Florida: Broward, Miami-Dade, and Palm Beach. You can get in touch with us for your free 15-minute consultation by calling [phone]. We are open from 9AM to 7PM, Mondays to Fridays.
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0:00 Intro
0:20 What is a Postnuptial Agreement and How Does it Work?
0:55 A Postnup is Usually Done for 2 Reasons
1:00 Reason 1: A Prenuptial Agreement was not Signed Before the Wedding
1:25 Reason 2: A Postnuptial Agreement can be Used to Address Problems Relating to the Marriage
2:15 Issues regarding Children are Not Allowed in a Postnup Agreement
2:33 Outro
Today's question is: "Sergio, what exactly is a postnuptial agreement? Or what's known as a postnup, and how do they work?"
Well, a postnuptial agreement would be very similar to a prenuptial agreement because it addresses issues such as the distribution of marital assets upon a divorce. This could deal with your house, your retirement accounts, other investments, etc. It can also address issues such as debts and other liabilities that will be divided between you and your spouse in the event of divorce. It may also call for a certain amount of alimony or even eliminate it altogether, depending on your agreement.
Usually, a postnuptial agreement is done for one of two reasons. Number 1: the parties did not have a chance to finalize a good prenuptial agreement before the wedding. If the prenuptial agreement is signed too close to a wedding day, it runs the risk that it could be invalidated by the court because one of the parties could later say they were pressured into signing the agreement due to time constraints for the wedding. So, they may find themselves trying to execute a postnuptial agreement after the wedding to avoid this potential problem in the future.
Reason 2: the spouses may not have anticipated the problems that developed during the marriage, and one or both of the spouses are realizing that divorce may be possible. However, the spouses may agree to delay the divorce for special reasons, such as the possibility of reconciliation. Or maybe we want to delay the divorce for other special reasons, such as waiting for the children to reach a certain majority age. Or maybe immigration purposes. Or some other financial reason.
The postnuptial agreement allows the parties to hold off a divorce while agreeing in advance how the assets and debts will be divided in the event of divorce. It could also address the issues relating to alimony in the event of divorce. Once these issues are resolved, your divorce could go a lot more smoothly, easier, faster, and cheaper.

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Are you thinking of divorce but you are not sure you'd want to push through? Why not make a postnup agreement to remove any uncertainties in the event of a divorce!