What should be included in post nuptial?

Postnuptial meaning

However, many couples do not contemplate another important point when consolidating a relationship, and it is that, besides the ceremony, when contracting marriage the capital of each one enters to form part of a conjugal society.

In order to protect such patrimony, the capitulations appear. Dary Rodriguez, a litigation lawyer, explains them as “a contract by means of which the couple agrees which personal property, real estate, money, shares, that belong to one or each partner do not become part of the marital partnership”. In other words, in the event of a divorce, the capital of each spouse, which was stipulated within the capitulations, would not become part of the liquidation of the marital partnership or the distribution of assets.

“They protect the freedom that each of the members of the couple has to define the future of their patrimony and the conditions to share their patrimony with their partner”, assured Paula Camacho, director of Brigard Urrutia’s Wealth and Family Management team.

What is contained in a prenuptial agreement?

A prenuptial agreement, also called a prenuptial agreement, is a contract entered into between two people prior to marriage, specifying the assets of each person and how they will be divided in the event the marriage is terminated by unnatural causes.

What is Postmarital?

A postmarital agreement, also known as a postnuptial or postnuptial agreement, is similar to a prenuptial agreement except that it is actually created during the marriage rather than before.

How is a marriage contract drawn up?

The capitulations must be made before the marriage or two years of a common-law marital union (unión libre), and there must be mutual agreement between the couple. At the moment of making them, they must be presented before a notary to be signed by means of a public deed.

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Sample Prenuptial Agreements

Creating a prenuptial agreement has numerous benefits for couples of all types. In addition to establishing clear rules for spending, investments, and other crucial financial matters, a prenuptial agreement can also help you protect your assets, your business, and your property. In addition, a prenuptial arrangement can help ensure that your spouse will be well provided for in the event of your death.

Prenuptial and postnuptial arrangements can have profound financial advantages, but only if they are valid and enforceable. With your wedding date approaching, you should ensure that your prenuptial arrangement is drafted by a skilled and experienced attorney who knows what should be included and omitted to create an effective and enforceable arrangement.

What happens if there is no prenuptial agreement?

You can have the judge handling your divorce issue a formal order to restore your former name. No agreement can promote the divorce. They must be in writing. They cannot include child support responsibilities.

What happens if prenuptial tests are positive?

The consequences if a prenuptial profile is not taken into account are worrisome, since the incompatibility of the couple’s blood type can bring risks to the mother and the baby, such as: miscarriage, fetal anemia, brain damage in the baby, among other symptoms.

What type of contract is marriage?

Marriage is a mixed contract, since it is constituted not only by the consent of the spouses, but also by the consent of the

Prenuptial agreement colombia

The postnuptial agreement is a pact between two people who have already formalized their union through marriage and where the patrimony of both is recorded and how it will be regulated at the time the marriage is dissolved.

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That is to say, a postnuptial agreement is the one signed between the spouses after the marriage. In such agreement it is decided how the assets will be distributed in case the marriage breaks up, among other issues.

In the agreement, the regime that will apply to the marriage once it is dissolved is decided. That is to say, it will establish how the assets, the money or the economic compensation of a spouse will be regulated.

It is not a marriage settlement. It is simply a private agreement between the two parties where the rules are established at the patrimonial level between them once the marriage ends and as long as they do not contravene the law.

How is a de facto marital union recognized?

The existence of the de facto marital union is declared by any of the mechanisms indicated in Article 4 of Law 54 of 1990, which are: By public deed before a Notary by mutual consent of the permanent partners.

What is a very personal act?

A very personal act is legally defined as an act performed by a capable person, in a unilateral, revocable and free manner. The best example of a very personal juridical act is the Will.

What are the rights and obligations arising from marriage?


The spouses are obliged to contribute, each for his or her part, to the ends of marriage and to support each other. Everyone has the right to decide freely, responsibly and in an informed manner on the number and spacing of his or her children.

Postnuptial agreement in mexico

A couple can enter into a prenuptial agreement when one or both of them have at least one asset to protect. The asset can be anything, such as a business, a professional title, real estate, a security, a bond, a bank account, a patent or copyright. In the case of death, under New York law, the surviving spouse is entitled to a certain percentage of the deceased spouse’s assets. This cannot be changed simply by writing a will providing that the spouse receives nothing. However, in a prenuptial or postnuptial agreement, one spouse may waive his or her rights to the other spouse’s property in the event of death.

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Generally, a couple enters into a postnuptial agreement when they realize that they should have entered into a prenuptial agreement or they anticipate that the marriage may end in divorce and wish to reach an agreement as to the division of assets in that event.

In addition to these requirements, it is strongly recommended that each party be represented by independent counsel of their own selection. If this is not done, the unrepresented spouse may later be able to invalidate the agreement on the basis that he or she did not understand what he or she agreed to or was forced to sign.