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What Is a Post-Nuptial Agreement?

A Post-nuptial agreement is a contract voluntarily created by spouses after their wedding. Most commonly, married couples agree to a post-nuptial agreement to help resolve issues eliminating the source of disagreement over finances, properties or children. A post-nuptial agreement is usually created if there is a massive change regarding the spouse’s financial status after the wedding. Career promotion, inheritance and investment income are only a few of the changes involved to consider a post-nuptial agreement. This type of an agreement is also considered to avoid timely and expensive procedures in cases of divorce.

Married couples usually choses to enter a post-nuptial agreement to settle the couple’s assets in cases of separation and sometimes even death. The contents of this agreement can vary widely, but mostly it involves division of properties and spousal support. While some couples usually avoid discussing this sort of agreements, others think of it as a solution to stop conflict and promote harmony in their marriage. For a post-nuptial agreement to be valid in some countries, especially in the United States, it should be in writing and must be executed voluntarily by both parties and not by their attorneys in a notarized acknowledgement. It also must have a full disclosure at the time of execution and cannot be unconscionable. Like all contracts, a post-nuptial agreement must contain offer, acceptance, consideration, mutual assent, legality and capacity. It is very important to take an advice from your legal attorney before entering a post-nuptial agreement to properly understand terms surrounding it.

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