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What is a postnuptial agreement?

Postnuptial agreements have become increasingly popular in recent years, and not just among the rich. A postnuptial agreement is a voluntary agreement entered into by both spouses to dictate how assets will be distributed in the event of a divorce or death, and sometimes to outline the terms of the marriage. They serve the same purpose as prenuptial agreements, the only difference being that postnuptials are signed by people who are already married.

Like prenuptials, postnuptial agreements can cover a wide array of divorce and marriage issues, including property distribution, finances, pets, household chore delegation, and the religion of a future child.

Many spouses are horrified of the idea of entering into such an agreement, but the reality is that half of all marriages end in divorce, and a postnuptial can be a very practical and fair insurance policy that comes with the added bonus of making a potential divorce much more civil.

Who Needs a Postnuptial Agreement?

Postnuptials can be very helpful for couples where one spouse makes significantly more money, or has significantly more assets than the other. Those who expect to receive an inheritance may also benefit from a postnuptial.

Postnuptials may also be very useful for couples where the financial status of one or both spouses has changed significantly or is expected to.

Postnuptials are often written to expire so that they can be revised later in life when spouses feel like they might want to be more generous with each other.

Creating a Stronger Marriage


The presence of a written, material document outlining expectations and limitations can give spouses an extra incentive to respect each others’ wishes. It can also remove a great deal of stress from the marriage.

The ultimate goal is to prevent potential conflicts, and remove pressure to allow a marriage to thrive for its own sake rather than out of financial or material obligation creating a stronger relationship.

Considering a postnuptial agreement? Please contact us today for a complimentary consultation with an experienced divorce attorney who can help you with any facet of family law.

Please contact us today for a free consultation with an experienced divorce attorney who can inform you of your options, and legal rights, and help you plan the best course of action.

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