Postnuptial Agreement for Hesitant Newlyweds

• Applicant: Mr. Dan Bing & Mrs. Gina Bing
• Nationality: Cambodian/Philippine
• Case Type: Postnuptial Agreement
• Time: Less than a day
• Challenges:
• • Newlyweds were reluctant to create a Post-nuptial Agreement because they were young and in love, therefore they felt it was not necessary.
  • The husband married a wealthy wife, her parents wanted to protect her inheritance.
  • The couple met with our attorney who provided them with a printed plan, but the newlyweds left our office, and we did not hear from them until a year later.

BACKGROUND

A very young couple and in love newlyweds had just come back from their honeymoon. They were ecstatic that now they can live together for the rest of their lives and worry about the usual marriage problems later on. For now, they just wanted to enjoy the company of each other. Unfortunately, this was not the case. Mrs. Bing had come from a wealthy family and the mother wanted her to get a postnuptial agreement to protect the daughter’s inheritance. Both upset at the idea that Mrs. Bing’s mother was making them sign a form they did not want to, they reluctantly looked for a law firm so they could help them.

In June of 2018, the newlywed couple came to Tsang and Associates for a consultation to discuss the possibility of creating a Post-nuptial Agreement but seemed agitated about the whole notion. Nonetheless, their first meeting with our attorney turned out well as they sat through the consultation, listened to our attorney as he explained to them how important it was to have a Postnuptial Agreement prepared in order to protect their assets, and also told them that they were at the young age where they can openly discuss all of their assets, investments, and decide how they would like to handle their finances now, and not have to worry about this issue in the future

However, our attentive attorney noticed that the newlyweds were not taking this conversation seriously, and mentioned that if they ever changed their minds and later decide to pursue this, they needed to fully understand that, the “two” of them must “voluntarily” agree to create and sign a Postnuptial Agreement willingly. He provided the newlyweds with a draft of a Prenuptial Agreement for them to review, but the couple was hesitant about taking any action, left our office, and we didn’t hear from them for over a year. Eventually, the once reluctant couple came to their senses and a year later decided to have Tsang and Associates help them create a Postnuptial Agreement.

KEYS TO SUCCESS

On July 31, 2019, Mrs. Gina Bing called Tsang and Associates and asked to speak to our attorney, whom she politely asked if he would still be willing to help create a Post-nuptial Agreement because she and her husband have decided to go forth with this legal matter, and wanted to know if it were possible to have the agreement ready to sign the next day, and our attorney assured her that he would, since he had previously created a draft for them and just needed to make the necessary changes they wanted, but most importantly, reminded the couple that they would have to agree to all the terms and conditions, now that they have consciously made the decision to separate each their own properties, each keep their inheritance, and overall agreed to keep what is his/his and her/hers.

OUTCOME

It was settled, the next day the couple came into our office to sign the Post-nuptial Agreement, had it notarized, and they were pleased with the results, but mostly for taking care of this now and not to worry later, just as our attorney had advised them. The couple will never have to worry about the future of their assets because it is already taken care of. The couple now has an eleven-month-old baby and are expecting their second baby later this year.