What is a Postnuptial Agreement?
A postnuptial agreement, also referred to as a post-marital agreement, is a contract between spouses and is entered into during marriage. Similar to prenuptial agreements, postnuptial agreements contain provisions on how to divide property and income in the event of divorce or death.
Are Postnuptial Agreements Enforceable?
Most states recognize postnuptial agreements, although the rules vary from state to state. Some states have explicit laws governing postnuptial agreements (e.g. Minnesota) while other states allow postnuptial agreements implicitly, through the use of contract laws (e.g. Pennsylvania). In the event of no applicable law, some courts will use case law to determine the validity of postnuptial agreements.
To increase the likelihood of enforceability: - Each spouse should be represented by separate and independent lawyers
- Each spouse should fully and honestly disclose to the other all their property and income
Which Is Better: Prenuptial Agreement or Postnuptial Agreement?
Prenuptial agreements are entered into before marriage. In contrast, postnuptial agreements occur during marriage and are often prompted by financial changes in the relationship. A promotion on the job, stock options, or an inheritance can dramatically impact the financial status of a relationship. Additionally, a postnuptial agreement can be used to amend a prenuptial agreement that is missing important provisions. Lastly, postnuptial agreements sometimes receive stricter examinations by the court because individuals are presumed to have less bargaining power once married.
Do I Need an Attorney to Draft a Postnuptial Agreement?
Postnuptial agreements can be complicated and difficult to understand. An experienced family law attorney can help you understand your rights and how to protect your interests. A family law lawyer can also represent you in court if a dispute arises. |
 |
