The lawyers interviewed for this article were different from their views on agreements reached in such circumstances. ”My experience is that these post-marital agreements are rarely successful,” says Steve Mindel, the Los Angeles attorney. ”If someone wants a post-marital agreement for infidelity, it is very difficult to negotiate these documents because there is no trust,” Mindel continued. ”Most of the time, people in this situation, we would first send them to a marriage counselor to see if they can overcome their discord. And when they can overcome their discord, they often don`t need the additional documentation. As with prenups, post-ups are not legally binding in England and Wales. However, a pioneering case (Radmacher v. Granatino) held that the courts had to maintain a marriage contract if it was fair, which would result in the maintenance of valid post-marital agreements. However, in order to increase the likelihood that a court will follow the instructions of the post-announcements, the following points should be taken into account: family lawyers say that more couples are asking for marital agreements – private contracts between spouses that, like their more well-known marital contracts, can determine the division of a couple`s money and property during a divorce or the death of a spouse. While pre-marital agreements are signed under the hope and rose of engagement, post-nups have a reputation as rather transactional agreements, and they are often linked to infidelity or other marital turbulence.
But lawyers and some people who have post-nups say that agreements can serve couples with special needs well. You can solve problems that lead to conflicts and help each spouse retain ownership of important assets such as a family business. Sometimes they can even help keep a marriage restless together or, if so, simplify and shorten divorce proceedings. Post-letters must be in writing, signed by both parties and two witnesses. The agreement should specify all financial assets and debts of the marriage and explain how they are distributed in the event of divorce, termination of the partnership or death. It is useful to seek advice from a lawyer in establishing a post-marital contract, especially for complex financial agreements.