Postnuptial Agreement

Postnuptial agreements

Post-nuptial agreement is an agreement the husband and wife sign after the date of marriage, which spells out each party’s rights and responsibilities with regards to their assets and liabilities upon a divorce or death of one of the parties. This sort of agreement is not very common, as the parties are already married and there is really no inducement to sign the agreement.

Post Nuptial Agreement

In most aspect a postnuptial agreement is very similar to a prenuptial agreement. The major difference between prenuptial and postnuptial agreement is the financial disclosure. The depth of the disclosure is tantamount to that of the disclosure done during the divorce. It is important to hire a knowledgeable postnuptial agreement attorney that will follow all the requirements for drafting an enforceable postnuptial agreement.

The purpose of the postnuptial agreement is similar to that of the prenuptial agreement. Parties primarily use such an agreement to protect premarital property or other assets they expect to acquire during marriage. It helps the parties to clarify their financial obligations to each other upon divorce or death.

A postnuptial agreement contemplates that the parties will continue to reside together as husband and wife and is not the same as a marital settlement agreement entered into when the parties are divorcing.