Many American brides-to-be are now asking for a postnuptial agreement.  In fact, in a recent poll conducted by the American Academy of Matrimonial Lawyers, more than 50% of the lawyers admitted that they had seen an increase in the number of post-nups being signed.

As many as 51% of the members of the association cited an increase in the number of postnuptial agreements over the past 3 years.  Postnuptial agreements are similar to prenuptial agreements with one major difference – these are signed after the marriage, and not before.  The postnuptial agreement is a written agreement that is signed by both partners, and outlines the division of the assets in the event of a divorce.

Just like a prenup, a post-nup also covers a variety of issues including the assets, properties and finances of the parties.  It can also address other questions, including the custody of children, as well as probate-related issues.

Typically, men, especially wealthier, well-established males, are more likely to ask for prenuptial agreements.  However, women seem to be more interested in getting postnuptial agreements, especially in those cases where there is a sudden and dramatic increase in their income.

A postnuptial agreement can be signed at any time during the marriage.  For instance, a few months into the marriage, you may wish to change the way your assets are divided after your death.  You can make clear your wishes through a postnuptial agreement.  In other cases, a prenuptial agreement may be amended after marriage, evolving into a postnuptial agreement.

Whether you sign a prenuptial agreement or a postnuptial agreement, you must seek the advice of an attorney to protect your rights.

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