Family Law

Postnuptial Agreements

Postnuptial agreements (postnups) are similar to prenuptial agreements (prenups) except that they are prepared and signed by the parties sometime AFTER they are married. Postnups are usually used by the parties when either spouse is concerned that they may get a divorce in the foreseeable future and want to reach an agreement in the present, just in case their marriage does dissolve. By having a postnup in place, the parties can focus on making a marriage work instead of worrying about exposing their assets to their spouse the longer the parties remain married.

In most states, postnups are considered valid. For example, in Massachusetts, the recent Supreme Judicial court case of “Ansin v. Ansin” determined once and for all that postnups are enforceable and not contrary to public policy provided that they are “drafted and executed properly.”

At Amaral & Associates, P.C., we ensure that the extensive and necessary formalities that are required to make a postnup valid and enforceable are present and that the agreement is fair and reasonable.