The agreement addresses division and support in the event of dissolution or death. Enforceability requires voluntary execution, disclosure, and fairness, with several states applying heightened scrutiny relative to prenuptial agreements.
Consideration requirements vary.
Alternative Names:
Postnup|Marital Agreement
Why it Matters?
Heightened scrutiny applies in several states because spouses already owe each other fiduciary duties, which distinguishes postnuptial from prenuptial agreements negotiated at arm's length before that relationship existed. Full disclosure and independent counsel are accordingly more important rather than less. Agreements executed while a marriage is failing face the closest examination for coercion.
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Frequently asked questions
Why is scrutiny heightened?
Which agreements face the closest examination?
