Sometimes it’s a good idea for spouses to negotiate
post-nuptial agreements. Though married couples can legally contract, they cannot bargain
away the same rights that they could under a pre-marriage agreement. Nor
do all courts enforce post-nuptial contracts.
As with the pre-marriage agreement, a post-nuptial agreement must be fair,
both spouses must fully understand the agreement, neither party can defraud
the other, and each party should have their own legal counsel. If these
conditions are met, the agreement should then stand.
Post-nuptial property agreements also cover narrower terms than pre-marriage
agreements and they usually specify only what property each spouses will
each keep in the event they divorce.
We consider post-nuptial agreements particularly valuable to solve the
always thorny issue of valuing or apportioning business ownerships in
divorce. The business is often the central obstacle to settlement negotiations.
Alimony may also be another point resolved through the agreement.