keith bradsher is a business and economics reporter and the shanghai bureau chief of the new york times .

he was previously the chief hong kong correspondent since 2002 , reporting on greater china , southeast asia and south asia on topics including economic trends , manufacturing , energy , health issues and the environment .

he has won several awards for his reporting and was part of a team of new york times reporters who won the 2013 pulitzer prize for explanatory reporting for a series of 10 articles about the business practices of apple and other technology companies .

keith bradsher

new york times hong kong bureau chief keith bradsher says strict new guidelines were introduced this summer to limit the number of new cars on guangzhou ' s crowded streets .
high and mighty suvs : the world ' s most dangerous vehicles and how they got that way . by keith bradsher . public affairs , $ 28 ; 464 pp .
the takeaway speaks with new york times correspondent keith bradsher (
eyewitness updates : nariman house
) who ' s been filing via his phone from the streets of mumbai , as well as sumit . . .
keith bradsher will relocate to the shanghai bureau of the new york times to serve as bureau chief this summer . bradsher has been serving as hong kong bureau chief for the paper since 2002 . he continues to serve as a senior writer covering asia economics and business for the publication . follow the times’ world news coverage on twitter .
keith bradsher , new york times hong kong bureau chief , discusses the case against some of china ' s trade practices and the implications for u . s . manufacturers - - and takes a look at how china approaches education and economic growth .
all the books below are recommended as readalikes for keith bradsher but some maybe more relevant to you than others depending on which books by the author you have read and enjoyed . so look for the suggested read - alikes by title linked on the right .
keith bradsher , detroit bureau chief for the times , won the polk award for national reporting for his investigation into the human and financial toll sport utility vehicles and light trucks take on the nation ' s roadways . mr . bradsher linked an increase in air pollution to the vehicles , which were exempt from federal emissions standards , and documented the inordinate amount of deaths related to the vehicles .
may 24 , 2010 - - the asia society is pleased to announce that keith bradsher of the new york times has won the osborn elliott prize for excellence in journalism on asia for a series of stories examining china’s role in developing and promoting green technologies . bradsher’s work was chosen by an independent jury for its depth and far - reaching quality . through a dozen front - page articles , bradsher revealed how china , as one of the world’s largest polluters , has also begun to develop some of the world’s most advanced solutions to global warming and has pursued them aggressively .
keith bradsher , new york times hong kong bureau chief , discusses his investigation ( with charles duhigg ) about why the u . s . lost out to china for the contracts to produce apple ' s iphones - - as well as revelations about the working conditions in some chinese factories where many technology products are produced .
china for the contracts to produce apple ' s iphones . keith bradsher , new york times hong kong bureau chief covering asian business , economic , political and science news , discusses his investigation ( with charles duhigg ) about why the u . s . lost out to china for the contracts to produce apple ' s iphon
a porsche is safer ,
rapaille tells bradsher , who adds that suvs leave rapaille with
a terror of rolling over .
according to norman pearlstine , chief content officer at bloomberg and former editor - in - chief of time inc . , who chairs the jury for the prize , “keith bradsher’s stories explored the underreported story of china’s environmental awakening , tracking the country’s efforts to dominate industries that will provide cleaner and more efficient energy throughout the world . ”
for the answer , test - drive this thoroughly researched , superbly readable book by keith bradsher , former detroit bureau chief for the new york times . if you ' d told me i could read a 400 - plus - page take on the auto industry in one sitting - - well , you could have run me over .
volvo is becoming a chinese car company . ford announced that it sold the swedish car brand that it bought 11 years ago . chinese conglomerate , zhejiang geely , is paying a third of what ford originally paid for volvo . keith bradsher , new york times hong kong bureau chief , explains more about the buyer , the price and the future of volvo .
japan has raised the severity rating of its nuclear crisis from level five to the highest level , seven . the 1986 chernobyl disaster is the only other time a nuclear emergency has been given a level seven . this decision reflects the total release of radiation at the damaged fukushima daiichi power plant , which is ongoing , rather than a sudden deterioration . reporting from tokyo is keith bradsher , reporter for the new york times . the japanese government says that the total amount of radiation is 10 percent of what was released at chernobyl and there ' s still nervousness in the country , says bradsher .
boomer environmentalists , bradsher says , steered clear of attacking suvs because they were precisely the affluent types , eager to project a noncorporate , outdoorsy side , who bought them . why didn ' t they tilt toward minivans ? bradsher advises that consumers
quickly stereotyped
minivans as
mom - mobiles ,
something
older children would not want to be caught dead in .
bradsher ' s book is that incisive : a tribute to what one hard - nosed investigative reporter can pull off , regardless of auto - industry promotion of an alternate reality , thanks to a newspaper that supported him and a fair - minded approach to the pros and cons of his subject . ( the suv profit boom , bradsher recognizes , powered the u . s . economy in tough times . )
bradsher has a public policy master’s degree in economics from princeton university and received his bachelor’s degree with highest honors in economics as a morehead scholar at the university of north carolina at chapel hill . [ 1 ]
the upshot ? we face , bradsher fears ,
a public policy disaster , with automakers given an enormous and unintended incentive to shift production away from cars and toward inefficient , unsafe , heavily polluting suvs .
bradsher supports his claims with data from government reports , auto - industry documents and comments of auto - industry insiders . but he sensibly begins high and mighty with a history of how the suv emerged in the early 1960s .
will bradsher ' s book change any minds ? suv advertising rose from $ 172 . 5 million in 1990 to $ 1 . 51 billion in 2000 . it will take more than one stop sign to slow this marketing triumph .
bradsher thinks the situation will worsen as suvs multiply , used ones become more affordable to dangerous young male drivers , and detroit ratchets up the
highway arms race
by building taller and more unwieldy suvs because they bring bigger profits .
like the tobacco - company officials lampooned in christopher buckley ' s novel thank you for smoking - - folks far too smart to smoke cigarettes , given what they know - - some of bradsher ' s auto whizzes similarly eschew suvs .
bradsher explains that a tough retaliatory tariff on foreign trucks , and comparatively lenient u . s . safety regulations on the light - truck industry , protected the latter from foreign competition and the
regulatory ferment
of the 1970s that raised the cost of cars .
the strategy paid off . the midsize - suv market experienced a thirtyfold sales increase in the 1980s . and as bradsher smoothly integrates carloads of statistics that explain why motor city execs and american consumers continued pumping out suvs , he also reveals all sorts of telling paradoxes .
the nuclear crisis has escalated in japan . there have been partial meltdowns in three nuclear reactors , breaches in the protective containment walls of two of them , and a fire in another . u . s . warships have changed course because of the dangers of rising radiation , and the japanese army decided it was too dangerous to fly helicopters over the plants . but 50 workers remain at the heart of the plant , literally risking their lives to avert a catastrophe at fukushima daiichi nuclear power station . keith bradsher is the new york times hong kong bureau chief . he says that we don ' t know much about these heroic workers .
in his pointed introduction , bradsher thumbnails the suv explosion and his criticisms . sport - utility vehicles , he writes ,
offer a romantic vision of outdoor adventure to deskbound baby boomers . the larger models provide lots of leg room for families and their gear . their size gives them an image of safety .
bradsher ' s sources generally support his story , unapologetically suggesting that they ' ve simply satisfied consumer desires .
all of the suv market was psychological , there was no actual customer need for four - wheel drive ,
observes william chapin , a key american motors marketing executive during the rise of the suv .
except , that is , a psychological need . industry research , bradsher suggests , should give us pause . usually , says stephen ross , ford ' s lead engineer in developing the explorer , the suv buyer is someone
who has a family but doesn ' t want to broadcast a docile family message .
suv buyers , bradsher reports ,
are insecure and vain . . . frequently nervous about their marriages and uncomfortable about parenthood . they often lack confidence in their driving skills . above all , they are apt to be self - centered and self - absorbed .
that contrasts strikingly with minivan buyers , who tend to be
very giving .
bradsher joined the times in 1989 . [ 1 ] before his asian assignment , he was the newspaper ' s detroit bureau chief for nearly six years , a washington d . c . correspondent covering international trade and then the federal reserve for five years , and a reporter in new york covering the airline and telecommunications industries for two years . [ 2 ]
charles duhigg and keith bradsher wrote a terrific and informative article explaining “how the u . s . lost out on iphone work . ” i was especially struck by the argument that the united states simply does not have enough trained people with engineering backgrounds to succeed in modern manufacturing . to be an “engineer” in the u . s . typically implies you have accumulated at least four years of formal , college - level instruction in engineering . to do really well in the field you may in fact want to acquire a master’s degree early in your career . there can be little doubt that engineering education in the united states is highly regarded , not only by u . s . employers but by employers and students in the rest of the world . otherwise , it would be hard to account for the high international demand for admission to american engineering schools and the high demand for the graduates of those schools .
francois castaing , a leading suv engineer , joins other sources , bradsher says , in attributing
the rise of suvs to the federal government ' s insistence on preserving strict gas mileage standards for cars while not raising gasoline taxes . the combination of cheap gasoline and stringent curbs on gasoline consumption by cars forced auto makers to transform the family vehicle of choice from a car into an suv .
bradsher labels his book a
biography
of the suv , but it also entertainingly captures the auto industry ' s charming buccaneers . j . c . collins , a top ford marketing executive , is typically cynical about the outdoorsy image detroit uses to market suvs :
the only time those suvs are going to be off - road is when they miss the driveway at 3 a . m .
update : on air ( although not in the printed article ) , bradsher said that saab assets had been sold to chinese car manufacturers and the rest of the company was being shut down . in fact , gm originally agreed to sell old saab tooling to beijing automotive , but after starting to shut down saab ' s ongoing operations , gm reversed itself and sold the company to dutch car maker spyker earlier this year .
bradsher shared the sport utility vehicles ( suvs ) during 1997 and was a finalist for the pulitzer prize the same year . later , he published a book on suvs called high and mighty which won the new york public library helen bernstein award . [ 5 ] he won the society of publishers in asia ( sopa ) award for coverage of avian flu in the area . he won the asia society ’s osborn elliott award and the overseas press club ’s malcolm forbes award in 2010 , for coverage of clean energy in china . [ 2 ] the asia society summarized the work on china he was being honored for :
through a dozen front - page articles , bradsher revealed how china , as one of the world’s largest polluters , has also begun to develop some of the world’s most advanced solutions to global warming and has pursued them aggressively .
[ 1 ]
the success of suvs ,
bradsher writes ,
comes partly from extremely cynical design and marketing decisions by automakers and partly from poorly drafted government regulations . the manufacturers ' market researchers have decided that millions of baby boomers want an adventurous image and care almost nothing about putting others at risk to achieve it , so they have told auto engineers to design vehicles accordingly . the result has been unusually tall , menacing vehicles like the dodge durango , with its grille resembling a jungle cat ' s teeth .
he is known for numerous articles starting in 1997 about the crash incompatibility of sport utility vehicles—the extra damage , injuries and deaths that high - riding suvs caused in vehicles that they hit compared to cars that hit other vehicles . the articles led to the development by automakers of a variety of measures , including hollow , impact - absorbing steel bars below and behind suv bumpers that ford motor nicknamed as
bradsher bars
; these measures greatly reduced the deadliness of suvs to the occupants of other cars by 2009 . he is also known for writing extensively in 2009 and 2010 that china was passing the west in the production of wind turbines and solar panels , and for his coverage in november and december , 2013 , of the aftermath of typhoon haiyan in the philippines .
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born in north west london in 1931 , mayer hillman is the third son of david hillman , a portrait painter and stained glass artist , and dr . annie hillman , a gp . in 1964 , he married heidi krott with whom he has two sons , josh ( . . . ( more )
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the $ 10 , 000 cash prize will be presented at a june 1 luncheon program at asia society in new york .
the jury also awarded an honorable mention to chosun ilbo for its reporting on the plight of north korean refugees and human trafficking along the north korea - china border , specifically for a series of written stories and images that appeared on chosun ilbo’s english language edition online . the stories , written by lee hark - joon and park jong - in , were part of a broader multimedia effort that included segments broadcast on bbc and on pbs wide angle under the title “crossing heaven’s border . ”
read a story from chosun ilbo ' s series on human trafficking : on the border about the osborn elliott prize for excellence in journalism on asia the “oz prize” honors the late osborn elliott , legendary journalist , author and former editor - in - chief of newsweek . elliott was a leading figure in the field of journalism who became one of the earliest practitioners of “civic journalism”—the deliberate focusing of the journalistic enterprise on urgent issues of public policy . the oz prize is awarded annually for the best example of journalism about asia in print or online during the calendar year .
previous winners have included a team of writers from the international herald tribune ( 2009 ) , shai oster of the wall street journal ( 2008 ) , evan osnos of the chicago tribune ( 2007 ) , barbara demick of the los angeles times and matthew mcallester of newsday ( 2006 ) , philip p . pan of the washington post ( 2005 ) , john pomfret of the washington post ( 2004 ) and elisabeth rosenthal of the new york times ( 2003 ) .
in addition to mr . pearlstine , the oz prize jury includes carroll bogert , associate director for human rights watch ; barbara crossette , un correspondent , the nation ; dorinda elliott , deputy editor , special projects , condé nast traveler ; michael elliott , deputy managing editor , time magazine ; chrystia freeland , global editor - in - chief , reuters ; pramit pal chaudhuri , senior editor , hindustan times and 2007 bernard schwartz fellow , asia society ; carla anne robbins , deputy editorial page editor , the new york times ; gillian tett , u . s . managing editor , financial times ; sheryl wudunn , former new york times foreign correspondent and editor .
click here for more information on the prize . about asia society asia society is the leading global organization working to strengthen relationships and promote understanding among the people , leaders , and institutions of asia and the united states . the society seeks to enhance dialogue , encourage creative expression , and generate new ideas across the fields of arts and culture , policy and business , and education . founded in 1956 by john d . rockefeller 3rd , asia society is a nonpartisan , nonprofit educational institution with offices in hong kong , houston , los angeles , manila , melbourne , mumbai , new york , san francisco , shanghai , seoul and washington , d . c . for more information , visit urltoken .
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hong kong’s glittering skyline . the perception of the city as a vibrant crossroads that might offer a way forward for the mainland is fading fast .
when the british left 20 years ago , hong kong was seen as a rare blend of east and west that china might seek to emulate . now , increasingly , it’s a cautionary tale .
hong kong — when hong kong returned to chinese rule two decades ago , the city was seen as a model of what china might one day become : prosperous , modern , international , with the broad protections of the rule of law .
there was anxiety about how such a place could survive in authoritarian china . but even after beijing began encroaching on this former british colony’s freedoms , its reputation as one of the best - managed cities in asia endured .
the trains ran on time . crime and taxes were low . the skyline dazzled with ever taller buildings .
those are still true . yet as the 20th anniversary of the handover approaches on saturday , the perception of hong kong as something special — a vibrant crossroads of east and west that china may want to emulate — is fading fast .
never - ending disputes between the city’s beijing - backed leadership and the pro - democracy opposition have crippled the government’s ability to make difficult decisions and complete important construction projects .
caught between rival modes of rule — beijing’s dictates and the demands of local residents — the authorities have allowed problems to fester , including an affordable - housing crisis , a troubled education system and a delayed high - speed rail line .
many say the fight over hong kong’s political future has paralyzed it , and perhaps doomed it to decline . as a result , the city is increasingly held up not as a model of china’s future but as a cautionary tale — for beijing and its allies , of the perils of democracy , and for the opposition , of the perils of authoritarianism .
vendors selling secondhand clothing and goods in sham shui po , one of the city’s poorest areas .
a street in sai ying pun , a neighborhood on the western end of hong kong island .
“more and more , there is a sense of futility , ” said anson chan , the second - highest official in the hong kong government in the years before and after the handover to chinese rule . she blames beijing’s interference for the city’s woes . “we have this enormous giant at our doorstep , ” she said , “and the rest of the world does not seem to question whatever the enormous giant does . ”
others spread the blame more broadly . they point to the opposition’s reluctance to compromise and policies that weaken political parties , including multiseat legislative districts that allow radical candidates to win with a minority of votes .
“this kind of a political atmosphere will disrupt many of the initiatives that may come along , ” said anna wu , a member of the territory’s executive council , or cabinet .
a high - speed rail station planned for hong kong is a half - finished shell — years after every other major city in china has been linked by bullet trains .
hong kong ranks only after new york and london as a center of global finance , but it has no world - class museums . after 15 years of delays , construction of a cultural district intended to rival lincoln center has started , but funding from the legislature could be disrupted in the coming days .
widespread complaints about test - obsessed schools leaving students ill equipped to compete against those in mainland china have not led to education reform . nor has the government found a way to address simmering public anger over skyrocketing rents and housing prices .
hong kong was once known for the speed and efficiency with which it built huge planned communities with ample public housing every several years . but it has not managed to do so since britain returned it to chinese rule on july 1 , 1997 .
hong kong once built planned communities with ample public housing , including choi hung estate , every few years .
hong kong is still a gem in many ways , a place that is hard not to love , and for its 7 . 4 million residents , hard to leave .
narrow ribbons of oceanfront skyscrapers are backed by wooded hillsides protected as country parks . just 10 minutes uphill from the majestic victoria harbor and financial district are breathtaking views of the south china sea . steel and concrete fade into sylvan trails that wind past lakes and waterfalls , all of it not too far from the city’s cavernous and efficient airport , part of a renowned transport network of subways , buses , trams and ferries .
but the airport was built by the british before they left . so were the institutions that really distinguish the city : the independent courts , the widely respected civil service , the freewheeling press .
those were preserved under the “one country , two systems , ” formula that promised hong kong a high degree of autonomy when britain returned it to china . but they have been weakened as the communist party increasingly meddles in the city’s affairs , intimidating and even abducting people seen as challenging its interests .
a ferry from the financial district to lantau , the largest of hong kong’s outlying islands .
hong kong has emerged as the world’s third major financial center after new york and london .
on the street in mong kok , one of the most densely populated neighborhoods in the world .
the umbrella movement demanding free elections that seized control of downtown streets for 11 weeks in late 2014 is just a distant memory . but sullen resentment of mainland china has spread as hong kong’s democratic evolution has stalled .
this spring , a new chief executive for the territory , carrie lam , was selected by a committee of about 1 , 200 residents — mostly allies of beijing following its instructions .
her predecessors tiptoed around tough issues , wary of both offending the chinese leadership and provoking the public . at the same time , critics say , limited public accountability has allowed incompetence and even graft to spread among officials . the top two government officials from a previous administration have been tried on corruption charges .
beijing’s allies have a majority in the legislature because half the 70 seats are selected by interest groups mostly loyal to the mainland government . but the other half is elected , and lawmakers who favor greater democracy have won a majority of those seats . the result is gridlock .
there has also been a generational shift in the pro - democracy camp . voters have replaced older , more pragmatic politicians with younger candidates more stridently opposed to the communist authorities and willing to engage in all - out resistance . late last year , beijing intervened to prevent the seating of two pro - independence politicians who had altered their oath of office to protest chinese rule .
the legislature’s rules allow any three members to stall action for months with filibusters . in the last two years , various groups in the pro - democracy camp have repeatedly used that tool as leverage , causing a backlog of legislation that has delayed even projects that are not contentious , like a cleanup plan for the harbor .
an annual candlelight vigil honoring those who were killed in the tiananmen square crackdown of 1989 .
both sides agree that the city will become ungovernable without some kind of political change . but they cannot agree on what to do .
the democrats want a clear road map to universal suffrage — which beijing promised in 2007 “may be implemented” in 2017 — starting with direct elections for the chief executive . only when the government is accountable to the public will it have a mandate to tackle the challenges facing the city , they say .
but supporters of beijing say the problem is too much democracy , not too little .
shiu sin - por , the departing head of the local government’s agenda - setting central policy unit , said pro - beijing lawmakers must break with tradition and get tough on filibusters .
he also wants to eliminate civil service protections for many senior officials and put them on renewable , short - term contracts — which would make them more accountable to beijing .
“you have a lot of deadbeats and layabouts who drag it out until they retire , ” he said . “would elections change this ? no . ”
mr . shiu , a longtime power broker with close ties to the beijing government , warned that if hong kong remained politically paralyzed , it could slip from the ranks of the world’s great cities and end up like monaco , a tax haven for the wealthy with few industries beyond financial services and retail .
in an interview , mrs . lam , who will be sworn in on saturday , acknowledged “a certain degree of truth” in the argument that the lack of a political overhaul was making it more difficult to address issues like housing , education and infrastructure .
but she added : “if we were to have universal suffrage tomorrow , would all these problems disappear ? i don’t think so . ”
waiting to buy apartments . the city has some of the highest housing costs in the world .
an open - air bar at an upscale mall that faces the waterfront of victoria harbor .
students visiting the hong kong monetary authority , which acts as the central bank .
in many ways , hong kong as a city has fared better than its people . since the handover , more than one million mainland chinese have moved here , contributing their energy and talents to the territory’s economic development . but the newcomers’ success has sometimes come at the expense of those with deeper roots .
big international companies and banks now aggressively recruit mainland chinese instead of local residents , who speak cantonese instead of the mandarin used on the mainland and who often lack the connections to win deals and thrive there .
the language issue is a challenge for hong kong’s education system , which tries to teach three of them — english , as well as mandarin and cantonese . this produces many graduates with weaker english and mandarin than those from the mainland’s top schools .
but efforts to address the problem get caught in the city’s fractious politics , with suspicions that beijing wants to undermine local identity or limit the west’s influence .
at the same time , the government has resisted proposals to ease the culture of high - pressure testing , a source of much public dissatisfaction . instead , it tried to introduce “patriotic” material into the curriculum , appeasing beijing while angering parents and students .
the influx of mainland chinese has also contributed to a historic run - up in housing prices , making hong kong one of the world’s most expensive places to live . a single parking space recently sold for $ 664 , 000 .
soaring prices and rents have squeezed middle - class families and younger residents in particular , fueling resentment against the mainland chinese who have poured money into the market . government measures to limit speculation have not deterred those investors , many of whom are looking for a safe way to get their money out of the mainland .
the underlying problem is limited supply . land disputes have nearly halted plans to build big residential areas in the rural sections of northern hong kong .
under a policy dating from the colonial era , families in traditional villages there are awarded long - term grants of land , producing suburban sprawl and making it difficult to put together a large parcel for development . the government could force families to sell but is worried about setting off protests , in part because the leaders of those communities have generally supported beijing .
rural farmland in lo wu , near the border between hong kong and mainland china .
plans to build elsewhere have also stalled . efforts to rezone the fringes of country parks for apartment buildings have been blocked by environmentalists , while the government has been leery of the cost of controversial proposals by developers to subsidize land reclamation and build thousands of acres of artificial islands .
“there’s land in hong kong , but what we lack is developable land , ” said anthony cheung , the transport and housing secretary , noting that everyone wanted more housing but no one wanted it built next door . “we still need to seek local community support . ”
gaining such support is difficult , though , given deep distrust of the government . lawsuits by neighborhoods and environmental groups have delayed a range of infrastructure projects that require much less land than housing developments .
wong tat ming , 63 , in his “coffin apartment , ” which measures just four by six feet .
the planned high - speed rail line , for example , is being built underground the entire 16 miles to the border partly because of the political challenge of obtaining land . that has driven up the project’s cost many times over . even the tunneling effort required the removal of a village of scarcely 100 people , though , and democracy activists joined them in protests that slowed the initiative .
the proposed deployment of chinese immigration officers at the downtown rail station under construction is also contentious . critics are objecting to an expanded mainland security presence in the heart of the city . they point to several recent cases in which chinese officers appeared to abduct people — booksellers peddling salacious tales about mainland officials , or a tycoon with rare insight into the finances of the communist party elite — and whisk them to the mainland without legal authority .
“it will be used as an excuse to create a serious loophole to allow mainland officers to implement mainland laws in hong kong’s territory , ” said eddie chu , a pro - democracy member of the legislature .
hong kong’s free press faces the corrosive effects of intervention from the authoritarian chinese mainland .
a large chinese flag on display on an electronic billboard in the tsim sha tsui area .
as the political wrangling in hong kong is drawn out , some people are leaving . one popular destination is taiwan , a flourishing chinese democracy with more affordable real estate and news outlets that have not been cowed by beijing , as many of those in hong kong have .
pat yeung , 43 , an entrepreneur , said she moved to taiwan this summer after a friend emigrated to get her children out of the high - pressure schools , and after she met another couple who relocated in search of cheaper housing .
in hong kong , with its relentless business competition and darkening political climate , ms . yeung said , “the pressure is too , too much . ”
three years ago , beijing presented hong kong with a pro posal to allow residents to elect the chief executive , but only from a slate of candidates approved by a nomination committee under its control . the pro - democracy forces rejected the offer , holding out for free elections without such a limit , and beijing’s refusal to budge prompted the umbrella movement protests .
it was a pivotal moment for hong kong , with all sides letting a chance at compromise slip by and digging in for what has been a prolonged stalemate .
the pro - democracy camp’s biggest mistake may have been believing that president xi jinping , who at the time had been in office for almost two years , intended to guide china toward a more pluralistic future .
martin lee , the founding chairman of the democratic party , said that he harbored such hopes because he had met mr . xi’s father , a senior communist leader considered more open - minded than most of mao’s generals .
others noted mr . xi’s record as a leader in the eastern provinces of fujian and zhejiang , where he adopted a moderate tone while trying to attract hong kong investors , said joseph cheng , another longtime democracy advocate .
the double - decker trams , built by the british , have trundled across hong kong island since 1904 .
the neon signs that have lit the city for decades are slowly being replaced by led lighting .
zhang dejiang , a member of the powerful politburo standing committee , took the lead on policy toward hong kong , and some wondered at the time if his hard - line stance reflected mr . xi’s views .
but there is little doubt now that mr . xi calls the shots . after nearly five years in power , he has proved to be a committed authoritarian who considers political liberalization a threat .
there seems little hope that beijing will make hong kong an offer better than the one it put forward three years ago . jasper tsang , the recently retired president of the legislature and a longtime ally of beijing , said the attitudes of the chinese leadership toward the city had hardened .
“people are telling me there won’t be a second chance , ” he said .
last month , mr . zhang visited macau , the former portuguese colony that is now a chinese gambling hub , and praised it in terms that suggested he saw it as a model for hong kong .
people here were stunned because macau has a reputation for obsequious obedience to beijing as well as chronic corruption , organized crime and limited tolerance for labor unions and other independent organizations .
the worry now is that mr . xi may share that vision of hong kong’s future . “if the idea came from him , ” mr . lee said , “we are finished . ”
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shanghai bureau chief of the new york times , covering economics and business issues in china .
 : “eyecool , he said , is also handing over two million facial images each day to a burgeoning big - data police system called skynet . ”
former prime minister of malaysia arrested today . here’s our 2015 story that first brought global attention to the malaysian sovereign wealth fund and its money trail to us real estate and hollywood films .
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 on how the push for automation and higher tech will make it very hard for the u . s . to stop china’s rise to global tech prominence .
one belt one road initiative faces some belt - tightening as debt builds up , financing constraints rise .
china brings star wars to life with ‘laser ak - 47’ . china’s global tech leadership ?
the value of the deals that chinese companies are striking under the country’s big global plan — called the belt and road initiative — is smaller than a year ago . our
even with its financial firepower , china has its limits . its economy is showing signs of slowing , and it’s in the middle of a trade war with the united states .
: “too much overseas activity risks creating wasteful white elephants that can drag down chinese companies and local partners alike . ”
. @ keithbradsher the nyt ' s auto reporter estimated it at 2k like 12 years ago , when suv sales were a fraction of what they are now .
after many years of shifting its auto parts supply chain from the u . s . to china , and starting to shift vehicle production , gm warns that it could be hammered by trump trade tariffs , says it would pass on costs to consumers .
as china faces debt troubles at home , its financial regulators are reassessing heavy lending to belt and road countries by chinese banks and other financial institutions .
about missing three phone calls from the u . s . treasury secretary because steve was away from his desk , writing his story at a spare computer terminal elsewhere in the
wandered into a belt and road exhibition today . nepal had thangka paintings . iran had rugs . and i’m proud to say america was repped by burger king , the famed fast food restaurant of choice for caravans on both land and sea . urltoken
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global warming in south asia : 800 million at risk . central india could become even hotter , endangering many .
months of struggling with economic problems at home and bickering with president trump over trade are starting to take their toll on china’s financial health . our
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— the duties would mainly affect general motors , which exports cadillac s . u . v . ’s and cars to china ; chrysler , which exports jeeps ; the bmw group of germany , which exports bmw s . u . v . ’s from south carolina ; and daimler of germany , which exports mercedes s . u . v . ’s from a factory in alabama . because of the high chinese tariffs and taxes already in place , the vehicles are sold only in the thousands or even hundreds in china , and only to the most affluent .
— shanghai : china has spent nearly five years steering an ever - growing stream of hundreds of billions of dollars to a bold plan to gain greater global influence by funding big projects across asia , eastern europe and africa . now , beijing is starting to tap the brakes . the value of the deals that chinese companies are striking under the country ' s big global plan — called the belt and road initiative — is smaller than a year ago , according to new data .
— china has spent nearly five years steering an ever - growing stream of hundreds of billions of dollars to a bold plan to gain greater global influence by funding big projects across asia , eastern europe and africa . now , beijing is starting to tap the brakes . the value of the deals that chinese companies are striking under the country’s big global plan — called the belt and road initiative — is smaller than a year ago , according to new data .
rt @ louisestory : former prime minister of malaysia arrested today . here’s our 2015 story that first brought global attention to the… urltoken
rt @ eswarsprasad : one belt one road initiative faces some belt - tightening as debt builds up , financing constraints rise . … urltoken
because roads run through and around cities , the electricity could be used practically next door to where it is generated .
the trump administration , concerned about china’s growing technological prowess , is considering strict measures to block chinese citizens from performing sensitive research at american universities and . . .
foreign auto executives attending china’s annual auto show in beijing this week said president xi’s initiative to further open china’s auto industry was too narrow . . .
shadowy tariff dodgers stand to profit off u . s . - china trade dispute
the shadowy world of transshipments — zigzagging routes used to disguise a product’s origin — is set to get a much closer look . transshipments are . . .
u . s . and china are playing chicken on trade . who will swerve first ?
as the united states and china exchange increasingly antagonistic trade threats , u . s . business leaders worry that president donald trump might be going too far .
analysts say the latest round of u . s . tariffs , if imposed , would likely have a minimal impact on the chinese economy . beijing could strike big blows . . .
president xi jinping of china is sending liu he , his top economic policymaker and a recent addition to the politburo , to washington on tuesday .
hong kong — the pace of growth in china’s economy accelerated last year for the first time in seven years as exports , construction and consumer . . .
propelled by vast amounts of government money and visions of dominating next - generation technologies , china has become the world’s biggest supporter of electric cars . that is . . .
hard to see and hard to track electronically , naval vessels have long posed special perils to nighttime navigation .
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china’s 2017 national people’s congress concludes this week . some 3 , 000 lawmakers convened in beijing to discuss china’s economic outlook , president trump , and more .
a dispute over a chain of uninhabited islands known as the diaoyu in china and the senkakus in japan has lead to rising tensions between the two countries . the new york times reports . . .


a postnuptial agreement is a written agreement executed after a couple gets married , or have entered a civil union , to settle the couple 's affairs and assets in the event of a separation or divorce .

it is normally " notarized " or acknowledged and is usually the subject of the statute of frauds .

like the contents of a prenuptial agreement , provisions vary widely but commonly includes provisions for division of property and spousal support in the event of divorce , death of one of the spouses , or breakup of marriage .

in rare cases , a " prenup " may be enforceable even without a marriage , such as with a domestic partnership or registered partnership .

postnuptial agreement

1 . 3 the heading names in this postnuptial agreement are provided as reference only and do not form part of this postnuptial agreement .
a postnuptial agreement is also known as a
post - marital agreement
or
postnup .
coercion / duress – if either you or your spouse uses pressure to get the postnuptial agreement signed , or does not give the other enough time to consider the postnuptial agreement , the court may not enforce the postnuptial agreement .
written – oral postnuptial agreements will not be considered valid . postnuptial agreements must be in writing .
as with any type of legal agreement , you should only enter into a postnuptial agreement after carefully considering all of the agreement’s provisions and implications . here are some of the reasons to think twice about creating and signing a postnuptial agreement .
voluntary – both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally . any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void .
separate attorneys – you and your spouse should have separate attorneys if you are going to enter into a postnuptial agreement . if you do not have separate attorneys , the court will look at your postnuptial agreement more closely for unfairness and may not enforce the postnuptial agreement .
unfair and inequitable – if the postnuptial agreement favors you or your spouse unfairly , for example by leaving the other spouse with nothing , the court may not enforce the postnuptial agreement .
eastern , pa explains a postnuptial agreement - law offices of jack a . rounick , llc
when a couple enters into a postnuptial agreement , it does not automatically mean that they are thinking about filing for divorce . here are some common reasons for entering into a postnuptial agreement :
1 . 4 this postnuptial agreement may be executed in both english and other languages . if there is a conflict between this postnuptial agreement in its various translations the english version shall prevail .
these are the types of situations where it may be useful to utilize a “postnuptial agreement . ”
according to uniform premarital agreement act of 1983 , it is possible to use a postnuptial agreement to create a basis for spousal support .
postnuptial agreements are growing in popularity according to an american academy of matrimonial lawyers 2015 survey . but this doesn’t mean that a postnuptial agreement is right for every couple .
a postnuptial legal contract helps protect the financial stability of your children . without a postnuptial agreement , your spouse may be the one receiving money intended for your children .
items that aren ' t enforceable through a postnuptial agreement include issues related to child custody or child support . neither can a postnuptial agreement attempt to include terms that attempt to regulate routine aspects of a marital relationship .
5 . 1 the parties warrant that they have thoroughly read and understood every clause in this postnuptial agreement .
8 . variation any variation to this postnuptial agreement shall be made in writing and signed by both parties .
11 . 1 the postnuptial agreement is made under the exclusive jurisdiction of the laws of [ state ] .
this postnuptial agreement kit is designed for use in canada . this legal form is available for immediate download .
. this agreement and the exhibits attached hereto contain the entire agreement of the parties .
similarly , like in a prenup , it’s usually advised both individuals should have separate legal representation so that the couple can fairly represent their interests . both sides ought to select lawyers experienced in making the legitimate postnuptial agreement , so that neither one of them can topple it if a marriage ends . we cannot compare prenup agreement with a postnuptial agreement as they both are different ; however , a postnuptial agreement needs similar prenuptial elements . a postnuptial agreement can simplify a potentially disturbing divorce problem .
a couple who is not married yet and is trying to determine whether to enter into a prenuptial agreement or to wait and enter into a postnuptial agreement should give serious consideration to the prenuptial agreement .
6 . 1 both parties warrant that they have the necessary power and approval to enter into this postnuptial agreement .
to a large extent , what you can and cannot include in a postnuptial agreement will be governed by state law . some of the provisions commonly included in postnuptial agreements are as follows :
. this agreement may be amended or revoked only by written agreement signed by both parties .
but these days what raises eyebrows , and a host of new practical and legal uncertainties , is the postnuptial agreement .
anyone considering entering into a postnuptial agreement with their spouse needs to understand that these legal documents are not ironclad . even if a postnuptial agreement meets all of the threshold requirements to be valid and enforceable , courts may still strike it down .
10 . confidentiality each party irrevocably declare that they will keep the contents of this postnuptial agreement confidential and agree to indemnify the other against any and all losses arising from their making of the existence of this postnuptial agreement or its contents known publicly .
11 . 2 disputes under this postnuptial agreement shall be subject to the exclusive jurisdiction of the courts of [ state ] .
a postnuptial agreement , which is sometimes also referred to as a postmarital agreement , is a legal document designed for couples who are already married or in a civil union .
fair – postnuptial agreements must not be unconscionable . a postnuptial agreement that is blatantly one - sided or that is otherwise extremely unjust toward one party , based on the facts and circumstances , will not be enforceable .
a postnuptial agreement is basically the same as a prenuptial agreement , except that you and your spouse enter into it after you and your spouse have already gotten married , instead of before you marry . in a postnuptial agreement , you and your spouse disclose to each other all the money and property you currently own , both
you can always negotiate the terms of a postnuptial agreement before signing , but once you’ve added your signature , it might be too late .
here are some of the circumstances where a postnuptial might be in your best interest .
signing a postnuptial document may necessitate a change in lifestyle . even when postnuptial agreements can’t outline spousal or child support , they do influence the division of property and assets .
negotiating of postnuptial agreement by a party who intends to divorce shortly afterwards is essential an agreement that has been be entered into by means of fraudulent inducement . fogg v . fogg is 1991 massachusetts case in which the supreme judicial court held a postnuptial agreement to be unenforceable because of fraudulent inducement of the contract . the wife received valuable property interests under the postnuptial agreement , then filed for divorce very shortly thereafter . the timing of the postnuptial agreement and the filing of divorce ( as well as financial disclosure issues ) are present in ansin v . craven - ansin , a massachusetts case that came out in july 2010 and allowed postnuptial agreements if certain safeguards were met . the issue of full financial disclosure is a major issue in the burkle v . burkle case , a california case in which the california appeals court upheld the postnuptial agreement signed by the parties .
7 . duration this postnuptial agreement shall commence on the date of its execution and shall have effect indefinitely unless it is cancelled by the express agreement in writing of both the parties pursuant to clause 8 .
before marriage , if one party does not like the provisions included in the proposed prenuptial agreement and the couple is unable to come to an agreement , they can simply decide not to get married . with a postnuptial agreement , the couple is already legally bound and the spouses owe a fiduciary duty to each other . there may be a concern that the provisions in a postnuptial agreement were not bargained for because one spouse did not really have a choice about signing the agreement .
2 . exclusive jurisdiction of this agreement both parties agree and declare that in the event of their separation , divorce or termination of their marriage ( including by annulment ) they will submit to the exclusive jurisdiction of this postnuptial agreement and irrevocably waiver the right to make any claims arising out of the marriage against the estate of the other except under this postnuptial agreement .
fraud – if you or your spouse fails to disclose your assets honestly or if you hide your assets , a court may not enforce the postnuptial agreement .
many people have heard of prenuptial agreements , but they are surprised to learn that there is also another similar type of legal document called a postnuptial agreement .
legalnature can help you with all of your legal form needs . let us help you get started today . click here to create your postnuptial agreement now .
5 . 6 both parties warrant that this postnuptial agreement is fair and accurately reflects their intention generally and with regard to past and future assets and liabilities .
postnuptial agreements can also provide for custody and support of minor children in the event the marriage ends in divorce or legal separation . however , this is one area where state law can restrict the provisions in a postnuptial agreement . some state laws say that postnuptial agreements that attempt to restrict or limit child support or child custody will be deemed unenforceable .
postnuptial agreements are subject to a judge’s opinion . even if you sign a prenuptial agreement , if you take the agreement to court , it’s left for the presiding judge to decide the validity and reasonableness of the document .
today , everyone knows that many marriages end in divorce . some married couples plan for a worst case scenario with a postnuptial agreement , which is similar to a prenuptial agreement , but it ' s made after the wedding .
a template that can later be used as a separation agreement – a third type of postnuptial agreement looks and feels very much like a separation agreement . these agreements spell out how child custody , child support , and spousal support would be handled in a divorce and provide for the division of the couple’s assets and liabilities . this type of postnuptial agreement may later be incorporated into the divorce decree and can limit time and expenses in a divorce scenario .
establishing pre - marriage debt – if you or your spouse brought substantial debt to the marriage , the postnuptial agreement can state that the debt stays with that spouse .
in other cases , a postnuptial agreement might make sense when one spouse has been financially irresponsible or has encountered legal trouble during the marriage . for example , if one spouse’s spending or gambling habits are causing financial stress or one spouse has been convicted of multiple duis , it might lead the other spouse to consider a postnuptial agreement .
there are generally three different , but related , types of postnuptial agreements in the united states today .
a postnuptial agreement is a contract agreed to and signed after marriage that outlines the terms and possession of assets . it is similar to a prenuptial agreement as it also protects the financial interests of both parties in the event of a divorce .
if you want to read more about postnuptial agreements , below is a summary of some of our articles .
in addition , postnuptial agreements are also important to spouses in their second marriage who have children from their first marriage . postnuptial agreements are enforceable contracts that can require a spouse to provide for children from past marriages .
the postnuptial agreement is basically the after marriage model of the prenup or prenuptial agreement . prenup agreements are very common ; contracts a couple sign before getting married to each other , specifying what will happen to assets as well as the money if the couple get separated in divorce , usually superceding local rules as well as regional laws that would decide these things . prenuptial agreements may likewise incorporate behavioral expectations or other financial arrangements , but many expectations cannot be added in a postnuptial agreement . many times couples marry without any legal contract and decide later they would be more genuine and comfortable with postnuptial agreement .
there is a significant income disparity between the parties – if there is a significant income disparity in a marriage , the lower - earning spouse may find that a postnuptial agreement’s provisions would not adequately provide for them in the event of a divorce or separation . that is not to say that couples with disparate income levels should never sign a postnuptial agreement ; however , they should carefully evaluate such an agreement before signing it .
i explained to the client the nature of the agreement , and fully advised him / her as to the effect of the agreement on his / her rights , the advantages and disadvantages of the agreement , whether or not it was prudent for the client to enter into the agreement , and whether the provisions of the agreement are just and equitable .
if you decide to change your agreement , you and your spouse will have to sign a new agreement and have it signed by witnesses .
in some states , postnuptial agreements may not be upheld if both parties were not given the opportunity to review and discuss the terms of the agreement with their own , separate attorneys .
whether a postnuptial agreement will be enforced or not depends , to a large extent , on what state you live in . some states take a hard - line approach to enforcing postnuptial agreements . if there is any indication that the parties did not make a full and fair disclosure to each other of their financial information , the entire agreement could be thrown out .
6 . 6 both parties warrant that nothing in this postnuptial agreement shall affect any rights of any children of the marriage ( whether biological or adopted ) including the right to support .
a post - nuptial agreement is different from a separation agreement , because in a post - nuptial agreement the couple is not ( necessarily ) contemplating separation , but , much like a pre - nuptial agreement it is a way of determining how assets will be divided upon separation . the reasons for entering into a post - nuptial agreement are essentially the same as the reasons for entering into a pre - nuptial , or cohabitation agreement .
if your spouse’s attorney has prepared a postnuptial contract for you to sign , be sure to review the agreement with your own lawyer . your spouse’s lawyer can ' t advise you because it would be a conflict of interest . you should hire an attorney to review the agreement and tell you whether its fair . in some states , including california , courts are unlikely to enforce a postnuptial agreement where only one spouse was represented by an attorney .
in recent years postnuptial agreements have gained popularity and there are several reasons a couple may wish to adopt a postnuptial agreement . if there is no prenuptial agreement in place , a couple may determine they still want to have a financial plan in the event of death or divorce . alternatively , a change in the couple’s financial circumstances , such as an inheritance , may require a change to the terms of a couple ' s existing prenuptial agreement .
prenup and postnup agreement contracts are not very sentimental , and many people avoid them because they don’t want to ruin their romance or don’t want to think about the negativity of divorce . however , a postnuptial agreement is the most practical thing in a marriage , especially when there is a big difference in the financial status of a couple . a postnuptial agreement is not only helpful for reducing tension , but also for living a happy life together .
validly executed – postnuptial agreements must meet the requirements of the laws of the parties’ state of residence . generally speaking , to make a postnuptial agreement valid , both parties’ signatures need to be notarized . some state laws may impose additional requirements , such as a requirement that the parties’ signatures be witnessed .
although new york law already determines how property should be divided in the event a marriage ends in divorce or death , courts will recognize a valid postnuptial agreement that may be different from how new york law would divide the property . the postnuptial agreement takes the control over your property and assets away from the state and places it in the hands of you and your spouse .
– a postnuptial agreement cannot definitively address child support issues or child custody issues . such issues must be resolved based on circumstances at the time of a separation or divorce . a court is obligated by new york law to determine whether the postnuptial agreement is in the best interests of a child , so issues of child support and custody will ultimately be reviewed by the court .
most commonly , the desire for a postnuptial agreement arises when one spouse comes into an inheritance or starts a business , or when there are children from a previous marriage to provide for .
similar to a prenuptial agreement , a postnuptial agreement establishes how the couple’s assets will be divided in the event of a divorce or legal separation and the amount ( if any ) of spousal support that one spouse will pay to the other if the marriage ends .
it is also reasonable to consider a postnuptial if you are on your second or third marriage . if you’re married to a spouse and one or both of you have children from previous marriages , having a postnuptial agreement will help protect those kids as the legal document ensures some assets goes to your children .
one party was not given adequate time to read or evaluate the terms of the agreement – postnuptial agreements are legal contracts , so it is important that both parties have the chance to read and fully understand how the agreement protects , and limits , their rights . saying you did not understand what you were signing is not likely to stop enforcement of a postnuptial agreement , so take the time to study the document and get clarification where it is needed .
international marriages provide for unique issues with respect to prenuptial and postnuptial agreements . for example , if a couple marries in england and then move to the united states , although the u . s . will recognize the marriage decree , the u . s . may not recognize the prenuptial agreement . in this case , the couple likely will have to contract for a postnuptial agreement in the united states . because florida law requires disclosure of assets in a postnuptial agreement , it can create potential issues for couples moving into the united states who seek to keep their assets confidential .
5 . 2 the parties warrant that they are aware that this postnuptial agreement is a binding legal document and that they have each been given adequate time to consider the consequences of signing it .
6 . 4 the failure or delay by either party to enforce any term of this postnuptial agreement or to act upon a breach of any term shall not constitute a waiver of their rights .
many couples contemplate a prenuptial agreement long before they walk down the aisle . unlike a prenup , a postnuptial agreement happens after a couple is married . one spouse’s bad behavior or out of control spending during the marriage might prompt the other spouse to ask for a postnup . even when the marriage is going well , couples may use a postnuptial agreement to define things , such as each spouse ' s separate property , financial responsibilities , or rights to the family business .
as a matrimonial lawyer , i suggest that one way to identify and resolve these concerns is to draw up a postnuptial agreement . postnuptial agreements , sometimes known as
postnups
, are written and executed after you ' re married . the agreement codifies the obligations and responsibilities of each partner . in fact , marriage is an economic partnership in which both parties can benefit from a written contract .
5 . 5 the parties hereby expressly waiver their rights to dispute this postnuptial agreement on the basis of lack of autonomy , duress , undue influence , lack of volition , or lack of understanding .
a major difference between a prenuptial agreement and postnuptial agreement is the disclosure of assets requirement . according to florida statute § 732 . 702 ( 2 ) , spouses do not have to disclose their assets if the couple executes the agreement before marriage . xlii fla . stat . ann . § 732 . 702 ( 2 ) ( west 2017 ) . this means that spouses entering into a prenuptial agreement do not have to disclose their assets to one another . on the contrary , florida state law requires the disclosure of assets in postnuptial agreements . id .
postnuptial agreements generally include the same types of provisions as prenuptial agreements . the primary difference is that prenuptial agreements are entered into in contemplation of marriage ( in advance ) , whereas postnuptial agreements are entered into after the couple is already legally committed .
sometimes , couples enter into postnuptial agreements simply to clearly define each party’s wishes for the property they brought into their marriage .
some legal experts say the increasing popularity of postnuptial agreements springs from the growing likelihood that both spouses will have financial lives .
in the case of billionaire frank mccourt and his wife jamie , their postnuptial didn’t survive judicial scrutiny . the mccourts signed a postnuptial agreement at about the same time that frank bought the los angeles dodgers , the baseball stadium , and surrounding land . jamie mccourt also owned several luxury homes . according to the mccourt’s postnuptial contract , the couple agreed that in the event of a divorce , frank would keep the dodgers and jamie would take the homes .
postnuptial agreements are a relatively new development under u . s . law . prior to the 1970s , postnuptial agreements were generally not enforceable . this was largely based on the idea that a married couple became a single unit at the time of their marriage and a single person or entity cannot enter into an agreement with itself .
defining marital property – just as you can identify your separate property in a postnuptial agreement , you can identify property you want to be considered as marital property , even if it is actually separate property .
establishing maintenance – a postnuptial agreement can establish maintenance for you or your spouse during the marriage , particularly if one of you is giving up a career to “raise the kids . ” also , a postnuptial agreement can establish what kind of support you or your spouse will pay to the other spouse during or after a divorce , or establish that there will be no support in case you decide to divorce .
when spouses have children from previous marriages or relationships , they may want to make sure that certain assets would pass to those children no matter what happens . a postnuptial agreement can help protect children’s inheritances .
1 . 5 the illegality or unenforceability of any clause ( or part thereof ) shall have the effect of voiding that clause ( or part thereof ) only and not the entirety of this postnuptial agreement .
establishing a postnuptial agreement can offer security , but it doesn’t completely guarantee you will avoid challenges , court battles or receiving everything you believe you are entitled to in the event of a separation . experts tend to agree that a prenuptial agreement is preferable from a legal standpoint and postnuptial agreements may not be enforceable everywhere . it ' s important to know that ultimately a court could decide not to abide by one .
this postnuptial agreement ( the “agreement” ) sets out the terms and conditions upon which [ husband name ] ( the “husband” ) and [ wife name ] ( the “wife” ) shall manage their financial and legal affairs on the event of their separation or divorce ( together , the “parties” ) .
postnuptial agreements must fulfill all of the same criteria as a prenuptial agreement including that it must be written , voluntary , completed with full disclosure , fair and conscionable , executed by both parties before a notary .
if you have any questions regarding prenuptial or postnuptial agreements , please contact us . our experienced attorneys look forward to assisting you .
similar to a prenuptial agreement , postnuptial agreements allow a couple to alleviate tension caused by financial concerns . entering into this style of contract will allow spouses to establish an equitable distribution of assets if the marriage dissolves .
to ensure that your postnuptial agreement is valid and enforceable , the agreement must be in writing , signed and witnessed , contain a complete disclosure of assets , debts and liabilities , and each party must have had equal bargaining power and contain a statement from both parties that independent legal advice was obtained .
if one spouse has stopped working to stay home and care for minor children , a postnuptial agreement can help make sure he or she will have the financial resources they need in the event the marriage ends in divorce .
the client consulted me and i gave the advice prior to execution of the agreement .
postnuptial agreements aren’t in every spouse’s best interests . for example , a lower - earning spouse may receive less property and alimony in a postnuptial agreement than if the case went to trial . a rich spouse , who wants to try and avoid alimony or dividing the family business , may try to use a postnup to protect income and assets in the future .
fogg v . fogg , 409 mass . 531 ( 1991 ) , is a postnuptial agreement enforceability case , in which the massachusetts supreme judicial court ( sjc ) denied enforcement of the agreement . it was a second marriage for both , and each had children from previous marriages . this is a situation in which a prenuptial agreement could have been very helpful for marital and family peace . if not done prior to the marriage , a postnuptial agreement could have been formulated with a marital mediator , and reviewed by estate planning attorneys followed by adopting an estate plan . this can be extremely helpful to the couples embarking on second marriages .
but even if the ultimate enforceability is not settled in a certain jurisdiction , a postnuptial agreement , if fair , can be upheld by the parties , and can relieve certain concerns so that the marriage can continue and be ongoing .
during a lengthy and expensive divorce battle , frank’s lawyer testified that he changed the agreement after jamie had signed it . under the original postnup , frank and jamie were supposed to share ownership of the dodgers and the land . because of the conflicting terms , the divorce court held that the entire mccourt postnuptial agreement was invalid .
a postnuptial agreement is valid and can be enforced as long as it protects both you and your spouse and it was entered into with a full and fair disclosure of all assets by both you and your spouse . the agreement must also be executed and acknowledged with the full formality required for a property deed to be recorded .
5 . 4 the parties declare that they have each had the opportunity to take legal advice in connection with entering into this postnuptial agreement and has either a ) done so , or b ) deemed it not necessary to do so .
while many couples are familiar with prenuptial agreements which are set in place before the marriage occurs , many are unaware of the benefits of a postnuptial agreement . postnuptial agreements are written contracts which are executed after the marriage instead of before . this agreement sets forth issues such as the division of property , how much spousal support will be required ( if necessary ) , and how the death of one of the spouses will affect the transfer of assets to the surviving spouse .
however , throughout the 1970s and 1980s legal jurisprudence evolved with regard to postnuptial agreements and many states , including alabama , began to allow them .
one of the most difficult things with a postnuptial agreement is money ; most of the times both members aren’t always in total concurrence on how money should be apportioned if a divorce occurs . couples usually thinks that one of them will get more benefits . to stay away from such thoughts , the prenup is ideal as these issues can be easily handled before marriage due to legal entitlement . apart from this , a postnuptial agreement is very beneficial and couples find it more reasonable .
3 . 5 that the above clauses ( 3 . 1 , 3 . 2 and 3 . 3 ) shall apply notwithstanding any behaviour , agreement , promise or course of action which purports to confer the rights or obligations of one party upon the other party unless it be formalised in accordance with clause 8 of this postnuptial agreement .
establishing support for children of a prior marriage – if you brought minor children into a marriage , and your spouse does not adopt them , a postnuptial agreement can help make sure the children are provided for if you and your spouse divorce .
from a public policy standpoint , postnuptial agreements were also viewed in a negative light for a long time because of the perception that they encouraged divorce .
cost of post nuptial agreement with your attorney before you make any abrupt decision . if you think
one concrete reason you might consider a post - nuptial agreement is if your present marriage is your second or third or even more marriage and you have children from a previous marriages and you may want to make sure that some of your assets go to these children of yours . another substantial reason for a postnuptial is if a spouse is unfaithful and the other spouse tries persuading the other to work on the marriage . most couples believe that signing a postnuptial agreement indicates that they really want to stay married irrespective of whatever they might be going through . finally , you might want to obtain a postnuptial agreement if you resign from the workforce to spend a greater amount of time nurturing your children and want to be certain you’ll be financially secure .
in order for a postnuptial agreement to be valid in the united states , it must meet a variety of criteria . it should be in writing , as an oral agreement is not normally enforceable . it must be done voluntarily and with full disclosure at the time it is put in place . it must also be agreed upon by both parties .
each state has its own requirements for postnuptial agreements , so be sure to check your state’s laws . generally , a postnup must meet the following criteria :
in the 1970s , when more couples began divorcing and more states enacted “no fault” divorce statutes , postnuptial agreements became more common and became more widely enforced .
talking about money can be challenging and awkward . you may feel like you do not need this type of legal agreement , but nearly everyone has some property worth protecting . a stay - at - home spouse , someone expecting an inheritance , a recently fiscally successful person or joint owners of a business should especially consider the merits of a postnuptial agreement .
if a pre - nuptial agreement is drafted and signed before the marriage takes place , a post - nuptial agreement may be created after you have said your vows . both of these documents essentially perform the same tasks . the only real difference is when they are written and when they go into effect . some couples may even sign a pre - nuptial agreement and a post - nuptial agreement .
a postnuptial agreement is a contract created by spouses after entering into marriage that outlines the ownership of financial assets in the event of a divorce . the contract can also set out the responsibilities surrounding any children or other obligations for the duration of the marriage .
a means of dividing assets and providing for spousal support – the most common type of postnuptial agreement spells out how a couple’s assets and liabilities would be divided in the event of a divorce . these agreements also address alimony or spousal support and often include provisions stating that one spouse waives the right to such support in exchange for certain marital property . property addressed and covered under this type of postnuptial agreement includes both marital property—that is property the parties acquired during their marriage—and assets or other property each spouse brought into the marriage .
beyond the basics , there are several other matters that most postnuptial agreements address . first , the agreement will lay out what happens to marital property in the event of death to one spouse . this is important because a surviving spouse may waive certain property rights they would otherwise inherit . secondly , a postnuptial agreement establishes certain terms that have been agreed to by both parties in advance of a separation . by agreeing to these terms in advance , both parties can avoid the time and cost of divorce proceedings . the disposition of property , other marital assets , custody , alimony and support and the like are agreed to by the marital partners upon separation . this part of the agreement is typically incorporated into the final divorce decree . a postnuptial agreement will also seek to establish spouses ' rights in a future divorce . these agreements address not only the marital property ; they will also often limit or waive alimony .
disclosure – full and fair disclosure is another element of valid and enforceable postnuptial agreements . at the time each party enters into the agreement , they must each make a full and fair disclosure to the other of his or her assets , liabilities , and income . this is a critical point to understand because postnuptial agreements are designed to spell out how assets , liabilities , and support would be handled if the marriage was to end . if the information that one party relied on was not accurate or complete , the agreement will not be enforceable .
as every couple’s financial picture and living situation is different , there is not a one - size - fits - all answer when it comes to determining whether or not you should sign a postnuptial agreement . the best decision for you will depend on your own financial circumstances .
a case decided by a new jersey appeals court in 1999 demonstrates that what may seem fair at the time an agreement is drafted may no longer seem so years later , when the agreement is to be enforced .
there is generally more latitude in making restrictive previsions in a prenuptial agreement than in a postnuptial agreement . the theory is that a couple can decide not to marry if they don’t like the terms of a prenup ; a couple is already married when they are developing a postnup , so the law believes there is more at state , and the couple is not bargaining at “arms length” .
marital mediators can work with a couple to identify the areas where a postnuptial agreement may assist the couple in improving and preserving their marriage . by working with the couple , the marital mediator can help the couple formulate the terms a prenuptial agreement and provide a draft of it for further review by the couple and their separate attorneys . when a couple works on the terms of a postnuptial ( or prenuptial ) agreement in mediation they have a great chance of coming up with a product that suits them both in an atmosphere of partnership and collaborative . it reduces bad feelings that can corrode a relationship . working with a marital mediator helps the couple make sure the provisions in the agreement are narrowly defined and generated by the couple itself , and not just the “boilerplate” of a lawyer .
the issue is the validity of the postnuptial agreement and whether they may be specifically enforced . see fogg v . fogg , 409 mass . 531 , 536 ( 1991 ) . the massachusetts supreme court recent announced its ruling . here are some opinions by recent news organizations and experts .
defining separate property — the property and assets you bring to a marriage are called separate property . as long as you keep your separate property separate from the property you and your spouse obtain together , the separate property continues to belong to you alone during and after your marriage . a postnuptial agreement should specifically identify which property is separate property of each of you . however , if you do not keep your separate property separate ( in your own name only ) then despite the postnuptial agreement such property may later be deemed marital property and divided equally between you in a divorce .
when drafting a prenuptial ( before marriage ) or marital agreement ( after marriage ) , it is vital to have the advice and assistance of an experienced lawyer if the agreement is going to address assets located outside the united states , or if a couple wishes for the agreement to be enforceable both in texas and in a foreign country .
n witness whereof , the parties have caused this agreement to be executed the day and year first above written .
one reason you might consider a post - nuptial agreement is if you are in your second ( or third ) marriage and have children from a previous marriage . you may want to ensure that some of your assets go to your children . another possible reason for a postnup is if someone is unfaithful and one partner wants to persuade the other to work on the marriage . signing a postnuptial agreement with favorable terms to your spouse can show that you are serious about wanting to stay married . finally , you might want to get a postnuptial agreement if you step out of the workforce to spend a significant amount of time caring for your children and want to ensure you ' ll be financially secure .
most similar to a prenuptial agreement , a postnup can be an agreement where one member of a couple waives their rights to certain property or assets ( obtained before or after the marriage ) should a divorce or separation ever occur .
in florida , a spouse seeking a divorce decree can obtain the decree without the other spouse’s consent ; however , pre and postnuptial agreements can protect assets from distribution by the court .
of course , it might sound a little weird mentioning the word postnuptial to your spouse especially if you guys are experiencing some difficulties . but make her understand that there are lots of good than harm a postnuptial can offer . for example a postnuptial is a productive way of dealing with all sorts of all kinds of financial issues in a marriage , income and expectations of any inheritances , future income or gains including property , how much inheritance will be paid to her if you guys divorce , insurance coverage including , life medical and disability etc .
with a pre nuptial agreement , one person can state that their wedding won’t happen without the agreement , but if there isn’t a legal document drawn up prior to getting married , all laws of the state will apply for the married couple . when a couple makes the decision to create a post marital agreement , there are generally two primary reasons .
in the simplest of terms , a post nuptial agreement is a legal contract between a married couple with the main purpose of outlining the division of assets and liabilities in the event a marriage ends . it could also be known as a post marital agreement . a post nuptial agreement is similar to a pre nuptial agreement but with two major differences – it is created after the marriage , and neither party is required to , or can be forced to sign it .
going for a post nuptial agreement implies you don’t really believe the marriage will forever . postnuptial contract come into lime light when a marriage dissolves . by creating one after walking down the aisle simply sends the message that there is a possibility your marriage won’t likely be successful especially you sign a postnup after
burkle v . burkle was a 2006 california case in which the enforcement of a postnuptial agreement was contested by the wife at the time of divorce ( janet e . burkle v . ronald w . burkle , 139 cal . app4th 712 2006 ) . in burkle , a divorce dissolution proceeding was pending when the agreement was executed . the parties withdrew the divorce action and lived together for four more years prior to divorcing .
the trial court said the agreement was enforceable , but on appeal the appellate division of the superior court of new jersey disagreed . to be valid , the court said , postnuptial agreements must be fair not only when they are signed but also when they are put into effect , and under this agreement mrs . pacelli would have gotten a far smaller share of the family assets than a divorce court judgment would have provided .
you received a large inheritance during your marriage , and you want to make sure it is not considered marital property . by law inheritances are separate property as long as the funds are held in the recipient’s sole name , but if there is a postnuptial agreement it should confirm the inheritance is separate property .
a contract that is , for all intents and purposes , a separation agreement that is meant to avoid the cost and time of divorce proceedings . this agreement defines the division of property , assets , and things like alimony or child support .
5 . 3 the parties warrant that they are entering into this postnuptial agreement entirely of their own free - will and volition and expressly declare that they are acting entirely free from any kind of influence , interference , pressure ( financial or otherwise ) , duress or undue influence from any third - party whatsoever .
so , if you ever find yourself regretting the fact that you did not get a prenup before getting married , or if your life and financial circumstances are changing and you want to plan accordingly , please contact new beginnings family law to find out how our attorneys can aid you in obtaining a postnuptial agreement .
if you are seeking a quality attorney , contact jack a . rounick today to learn more about prenuptial and postnuptial agreements and the important part they may play in your upcoming or recent union .
one way to protect your financial interests is to talk to your partner and write up an agreement . while it is a good idea to create an agreement when entering a new relationship with someone , you can write these agreements at any time .
did you have legal advice when you wrote the agreement ? if you did , list the contact information for the lawyers .
marital agreements , including postnuptial ones , are often considered taboo or not in the spirit of love or companionship . critics argue such contracts indicate the couple expects the marriage to fail . however , if a contract can remedy financial discomfort , the couple could choose to enter into an agreement in hopes of keeping marital harmony .
a prenuptial agreement is a contract outlining the terms of possession of assets written and agreed to before marriage . furthermore , a prenuptial agreement protects the financial interests of both parties in the event of a divorce . in florida , the spouse to be bound by the contract must have the opportunity to read the agreement and must decide on their own free will to sign it .
the experienced legal team at laura dale & associates , p . c . , will carefully draft or review your agreement and will marshal the resources necessary to assure that you maximize the likelihood that your agreement will be enforceable in more than one jurisdiction .
from a legal point of you , couples must understand they might waive a few rights if they sign a postnup agreement . for example , a postnuptial agreement that decreases divorce settlement in very less shared assets in the community property state is to the impediment of the individual who signs it . then again , if assets are large as well as the person knows this reduction is to benefit relative of a spouse , it might not make much difference .
. this agreement shall be binding and inure to the benefit of the parties , their successors , assigns , and legal representatives .
a mechanism for the parties to agree to waive spousal rights when one party dies – postnuptial agreements can also simply provide for how the couple’s property and other assets would be divided in the event of either spouse’s death . generally speaking , this type of agreement is designed to supersede a will or state laws , giving spouses certain property rights . by signing such an agreement , the parties agree to waive any rights they would otherwise have to inherit property or other assets .
9 . notices any notice served under this postnuptial agreement shall be made in writing and shall be considered served if it is handed to the other party in person or delivered to their last known address or any other such address as the party being served may have notified as his address for service . all notices shall be delivered in english .
business or career success – when people get married , it is supposed to be through good times and bad , but if one partner is doing really well , especially if there are problems in the marriage , it might be a good idea to draft a postnuptial agreement that clearly defines the division of assets in the event of a divorce .
the client appeared to understand the nature and effect of executing the agreement , and the risks and consequences which could arise there under .
pandatip : this is a likely area for attack and so the parties may wish to initial this clause , to show that it has been read and understood . if either or both of the parties have taken legal advice ( whether jointly or individually ) this should be included in the above clause as it will add validity to this postnuptial agreement .