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Is there a waiting period after marriage that a POSTNUPTIAL agreement should wait before bieng drafted or signed, like a prenup?

New York, NY |

How long after a marriage should a prenuptial agreement be signed and what is the difference in the law between it and a prenup? I heard something about having a higher fiduciary responsibility to spouse during marriage so how does that make a postnup different from a prenup?

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Attorney answers 3


You can sign the post-nup right after you say, "I do." The only real difference between the pre-nup and the post-nup is when it is signed. The rules are the same for both documents. A waiver of maintenance will be looked at similarly in both documents. Basically, the document has to be fair, done without undue coercion, and no fraud. I would suggest getting a lawyer to draft it and not to use a form down loaded from the internet.


Please see my prior reply to your duplicate posting.

* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.


There is so special waiting period as you've asked. It's good as soon as it is signed. You should still have an attorney licensed in your jurisdiction review it, however.

Bill Rosenfelt 407-462-8787 (Orlando)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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