You’ve probably heard of ”prenuptial agreements” and perhaps “marital settlement agreements,” too. Another agreement, slightly less well-known but no less important, is the “postnuptial agreement.” Each of these three types of legally binding agreements can be very powerful tools and have a very substantial impact on you should you go through a divorce. For those reasons (and others,) it is important to have a knowledgeable South Florida family law attorney on your side to advise you on the differences and how best to protect yourself and your family.
A prenuptial agreement is, of course, an agreement made in anticipation of marriage and a marital settlement agreement is made in anticipation of an order of divorce. A postnuptial agreement is something, however, that a couple can create either in anticipation of divorce (as the marriage is breaking down) or while the marriage is still vibrant and intact.
A recent case from Palm Beach County highlighted some of the differences between each of those agreements in terms of enforceability and the importance of those differences. The case involved G.S. and D.S., who married in 1977 but separated for a time in the mid-1990s. They eventually got back together and, in late 1996, they signed an agreement that dealt with the distribution of certain assets in the event of a divorce. At that time, the pair was married, living together and not even thinking about getting divorced.