kitedili wrote:I have been married to a Taiwanese girl for few years already, and I wonder if it is possible to sign a marriage contract after a marriage...
funkymonkey wrote:kitedili wrote:I have been married to a Taiwanese girl for few years already, and I wonder if it is possible to sign a marriage contract after a marriage...
You didn't sign any papers when you got married?
Creating a Postnuptial Agreement
Marriage is an emotional and legal union. If you walked down the aisle without a prenuptial agreement, your partnership became susceptible to your state's marriage laws in the case of death or divorce. Unfortunately, these laws are vague and, in most states, a judge makes decisions about property distribution should your marriage end. It's never too late to define and protect your own partnership. The process of creating a postnuptial agreement, a marriage contract created anytime after the wedding, can be a positive influence on both the emotional and legal dynamics of your relationship.
We certainly recommend discussing a postnuptial agreement if the financial status of your partnership changes through an inheritance, career change, etc. We also advise all constituents, regardless of the current financial status of the partnership, to consider taking the time to discuss their partnership and create a postnuptial agreement (also referred to as post marriage agreements or simply marriage agreements). It is never easy to discuss topics like money and divorce, but our experience has shown that these conversations can actually strengthen your relationship. Breaking communication barriers about sensitive issues can help make your marriage even stronger and more balanced.
We've compiled the "nut and bolts" of a postnuptial agreement to help you and your spouse become more familiar with what a postnuptial agreement is, what states they are valid in, and what to include in one.
The Commitment Conversation
Before we continue to outline these legal agreements, let's take a step backwards and acknowledge that postnups are simply the joint expression of a couples' wishes. In an effort to help individuals and couples feel more comfortable in discussing these issues, we've created a guidebook to help you and your partner navigate the most important conversation of your future together. Click here to learn more.
What is a postnuptial agreement?
A postnuptial agreement is a contract between spouses. It is similar to a prenuptial agreement except it is signed during marriage. A postnup is entered into in contemplation of an ongoing, viable marriage.
There are two basic rules that should be followed to safeguard your agreement: full and fair disclosure and separate and independent counsel.
Putting something like this down on paper, in the Taiwanese mind, is about 98% the same as it actually happening. You are, in effect, telling your wife, and more importantly her family, that you think your marriage is going to fail and you want to cover your wai guo ass when it does.
sandman wrote:I think its important here, especially for foreigners married to locals. Not because of trust issues in the marriage but because in the event of her death, the foreign partner will be on VERY shaky ground in terms of any assets and could easily see the government or courts or family just taking the lot, leaving you bereaved, broke and with a shaky visa situation.
How (and Why) to Bring Up a Postnup
Most people have heard about prenuptial agreements, but far fewer are familiar with postnuptial agreements. Even if you have been married for many years, it's never too late to enter into an agreement that promotes domestic harmony and protects your union. In fact, veteran lawyers say the number of mid-marriage agreements has exploded in the past five years, perhaps as much as tenfold. There are many negative connotations attached to the world "postnup," as if it is admitting your relationship's defeat. It is less intimidating to look at the process as a communication tool and a "seatbelt" for your relationship in the case of death or divorce.
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