Understanding the Basics of a Postnuptial Agreement

Many couples enter postnuptial agreements after they get married. Postnuptial agreements make sense for anyone who plans on remaining married, but they also add barriers if the couple were to separate. Whether you’re planning on getting married, are already married, or are in the midst of a divorce, you must understand the basics of a postnuptial agreement. If you’d like to learn more about postnuptial agreements, read our guide below.

What Is a Postnuptial Agreement?

When two individuals marry or enter a civil union, they almost certainly enter postnuptial agreements. A postnuptial agreement puts into writing what will happen in the event of legal separation or divorce. While nobody enters a marriage or civil union with plans to separate, a postnuptial agreement protects both individuals and prepares for them for the necessary discussions in the event this does happen.

What Makes a Postnuptial Agreement Valid?

In the United States, a postnuptial agreement is only valid if it meets these basic requirements. First, the agreement must be in writing. Oral agreements are not enforceable or legally recognized. Both individuals must voluntarily sign the agreement intentionally. Each individual must fully disclose all their assets and liabilities. If a partner hides debt from the other partner, the agreement will not be enforceable until it’s adjusted in the agreement. A postnuptial agreement must be fair for each individual. Judges cannot enforce the agreement if it clearly favors one individual.