What is a Post-nuptial Agreement?

Many people are familiar with pre-nuptial agreements (“pre-nups”). Images of a crying bride being forced to sign a pre-nup on her wedding day are part of popular culture and scenes in movies. Truth be told, most pre-nups are signed before the Big Day. What many people do not know is that married partners can enter into marital agreements after saying, “I do.” They are called post-nuptial agreements (“post-nups”).

A post-nup serves a similar purpose to a pre-nup: manage the assets, liabilities, and/or income of a married couple in the event of a permanent breakdown of marriage. For example, after marriage, a wife’s family may distribute shares in a family business to the children. In doing so, the parents may be concerned about what would happen to the shares in the event of a divorce. They may ask the daughter and her husband to sign a post-nup to protect the shares.

The considerations for a post-nup are similar to pre-nups. In addition, Parties who have signed pre-nups may be well advised to sign a new agreement after several years of marriage, depending on their financial circumstances.

These discussions are not easy. I will be giving a joint webinar with Allison Heiliczer this Friday, 16 October 2020, at 12:45pm (HKT) to discuss how to have the conversation. We will cover the legal and emotional side of considering a post-nup.

If you are in the business of weddings, providing financial services to couples, or selling large assets, you may benefit from the information provided in our seminar.

This summary is for information purposes only. Its contents do not constitute legal advice and should not be regarded as a substitute for detailed advice in individual cases. Transmission of this information is not intended to create, and receipt does not constitute, a lawyer-client relationship between JC Legal and the user or browser. JC Legal is not responsible for any third-party content which can be accessed through the hyperlink provided in this summary.