A postnuptial agreement, also known as a “postnup,” is a contract entered into after marriage that outlines the division of marital assets in the event of a divorce. Unlike prenuptial agreements, which are signed before marriage, postnuptial agreements can be executed at any time during the marriage.
Postnuptial agreements offer similar protections as prenuptial agreements, but they may be subject to more scrutiny as there is a presumption that spouses entering into an agreement after marriage may be subject to more pressure than spouses to be who enter into a prenup or premarital agreement together as independent parties who are not legally married.
Key Things to Know About Postnuptial Agreements:
Like prenuptial agreements, postnuptial agreements cannot address child custody or child support, as these matters are determined by state laws during divorce proceedings.
For a postnuptial agreement to be enforceable in Massachusetts, it must meet specific standards. The agreement must be in writing. The terms must be considered “fair and reasonable,” at the time of drafting, and at the time of divorce. Both parties must have independent access to legal counsel during the drafting process. Additionally, there must be full disclosure of assets and liabilities, and the agreement must be free from any fraud or coercion. Each spouse must knowingly waive any rights specified in the agreement, such as the right to alimony.
Postnuptial agreements serve various purposes, including providing for a spouse who has reduced income due to homemaking, protecting an inheritance for children from a previous marriage, waiving alimony, determining debt responsibility, or settling gift and loan repayments from in-laws. By clarifying the financial picture, postnuptial agreements can help avoid lengthy and costly divorce negotiations.
If you are considering a postnuptial agreement, we regularly prepare them for our clients and we are experienced Massachusetts Divorce and Family Law Attorneys. At Amaral & Associates P.C., our team of attorneys specializes in Family Law matters, including prenuptial and postnuptial agreements, as well as marital settlement and child custody negotiations.
At our Family Law Center, you can receive expert guidance to ensure that you understand your rights and obligations, helping you navigate the best path for success in your Family Law matter. Contact us today by visiting our website at www.amarallaw.com or by calling us at 1(800)290-1012 ext. 111, to learn more about our services and how we can assist you.
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