Postnuptial Agreement

Most people are familiar with prenuptial agreements, and many probably are not aware of postnuptial agreements.

A postnuptial agreement is an agreement written between both spouses after the marriage has commenced. These agreements are similar to prenuptial agreements as they serve the same purpose, but the major difference is postnuptial agreements are made after marriage.

Postnuptial agreements assist both parties of the marriage to settle the couple’s affairs and assets in the event a legal separation or divorce occur. A postnuptial agreement must not only be signed by both parties, but in most jurisdictions it requires notarized signatures. These agreements are not only valid for married couples, but for registered domestic partners as well.

One benefit that mediators are seeing of postnuptial agreements is that they allow both parties of thee marriage to indicate their wishes, desires and wants. Once completing that list, it allows both parties to come forward and communicate those wishes with each other until they ultimate come to an agreement. Mediators have found this to be a great way to reset the marriage and have both parties focus on what really is important, instead of the mundane day to day tasks.

If you and your loved one are looking to create such agreement, we recommend contacting an attorney for assistance in order to ensure the agreement is completed legally and in a way recognizable by court.

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