CONSIDERING: The contracting parties intend to enter into force immediately. 5.5 The parties expressly waive their rights to challenge this post-uptial agreement because of a lack of autonomy, coercion, inappropriate influence, lack of will or misunderstanding. 3.5 that the above clauses (3.1, 3.2 and 3.3) apply independently of conduct, agreement, undertaking or conduct purporting to transfer the rights or obligations of one contracting party to the other party, unless they are formalized in accordance with paragraph 8 of this post-uptial agreement. PandaTip: This is a likely area of attack, and the parties may want to initiate this clause to show that it has been read and understood. If one or both parties have used legal advice (in common or individually), this should be included in the above clause, as it will give effect to this post-uptial agreement. In most cases, a post-uptial agreement is maintained in the event of a challenge in the courtroom. Assuming that the agreement is reached without deception and all parties have had representation and understanding of the clauses, a judge is most often honored with the post-uptial arrangement. What do we do with Derimony? Several states have specific laws on how to manage assistance to dependants or spouses, so any agreement must take into account the state in which sped assistance could be granted. In some cases, spouses cannot waive their sped assistance rights. It should also be noted that marital assistance is generally granted when one spouse earns significantly less than the other or when a spouse abandons his or her own monetary activities to improve the budget. An example could be a spouse who agrees to stay at home to raise children or care for a sick parent during marriage.
Assistance to spouses would be considered to help the party until they could self-generate their own income. A post-nuptial agreement, or post-nup, is an agreement made by a couple after marriage – this includes civil status union and legal marriage. This document often describes many of the same things that a marriage agreement is established.
