What is a Postnuptial Agreement?
Parties enter into postnuptial agreements for the same reasons they enter into prenuptial agreements and reconciliation agreements, to determine the rights with regard to property division, spousal support, and other related issues in the event of death or divorce.
However, postnuptial agreements differ from prenuptial agreement because they are entered into after the commencement of the marriage. They also differ from reconciliation agreements, because these are not entered into during times of marital problems, nor are they entered into in the face of an impending separation or divorce. As a result, the continuation of the marriage is not sufficient consideration. Postnuptial agreements are subjected to very strict scrutiny by the courts to ensure that they are fair and equitable, and valid consideration is often a significant problem.
To be sure your postnuptial agreements are handled properly, please contact Shea, Moskovitz & McGhee.