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What are post-marital (or postnuptial) agreements?
These are agreements drafted after the marriage has taken place, but before either party separates, divorces, leaves, or dies. These contracts contain provisions similar to those commonly found in premarital contracts. The methods for protecting assets and income, and divvying it up in the event of divorce or death, vary widely.
The rules regarding the validity and enforceability of post-marital contracts vary from state-to-state. We strongly urge that each spouse seek the advice of a separate attorney, if you have not already done so. Make sure you are not waiving any of your rights and that you fully understand the contract’s repercussions in the event that "everything goes sour".
It is not unheard of for a spouse to suggest to his or her spouse that they sign a post-marital agreement and then, weeks later, announce that the marriage is over. |
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