If you are considering a post-up, it is important to understand that many of your assets become marital assets by the time you say, “I do it.” These include age assets, stock options acquired during the marriage and real estate acquired since your marriage. Therefore, in your post-uptial agreement, you must determine how these marital assets and future income should be shared. On the other hand, if you don`t have separate assets or significant marital assets, a prenup may not be as effective. Also, if you don`t get divorced, it doesn`t matter if you didn`t get a prenup. Keep in mind that your state has laws that govern who gets what in case of divorce. With a prenup, you can bypass many of these laws by refusing to know who gets what. While some states prohibit it, other states even allow you to decide whether you have the right to be dependent or not. Check your state`s law or with a family law lawyer to clarify this issue when drafting the marriage agreement. In drafting an agreement, it is important to recognize that there are two kinds of state laws that govern divorce – a fair distribution, practiced by 41 states, and co-ownership, which is practiced in some variants of 9 states. An agreement written in a state of Community property cannot be intended to govern what happens in a fair distribution state and vice versa. It may be necessary to retain lawyers in both states to cover the eventual case where the parties may be living in a state other than the one in which they were married. Often, people have more than one house in different states or they move a lot because of their work, so it is important to take this into account when developing.
Post-nuptial agreements are similar to marital agreements, except that they are made after a couple`s marriage.  When divorce is imminent, post-uptial agreements are called separation agreements.  The 2010 Supreme Court`s Radmacher/Granatino trial case overturned the current legal framework to recognize the changing social and judicial views on the personal autonomy of married partners.   Pre-marriage agreements can now be applied by the courts within their discretion in financial settlement cases under Section 25 of the Matrimonial Causes Act 1973, as long as the three-tiered cycling test is completed and is considered fair in the interests of each child in the family. The cyclo-cyclo-maker requests that the courts effectively arrange a marriage agreement freely concluded by each party with a full assessment of its effects, unless, in the present circumstances, it is not fair for the parties to maintain their agreement. The case provided important guidelines, relevant to all marriage agreements that have occurred since 2010.  At every wedding, but especially in high-level celebrity marriages, the old mantra “Hope for the best, but plan for the worse” always seems true. With our wishes, we offer the happy couple a sober proposal to conclude a post-uptial agreement. The laws enacted by the states that adopt the UPAA/UPMA have some state-to-state deviations, but this framework of laws has certainly made it much easier for lawyers to prepare opposable marital agreements for clients by clearly specifying the requirements.
For example, under Florida law, there is a very significant difference in what is needed to enter into a legally binding marriage agreement compared to a post-marriage agreement in.