What is a postnuptial agreement?


An antenuptual agreement is an effective way of identifying non-marital assets ahead of time, so in the event of a divorce there’s no question as to what each party owned and owed at the time of their marriage relationship. So it’s effective as long as two key things are in place: one, that the process was substantively fair and procedurally fair. Procedural fairness has to do with the process that people go through. Were both parties represented by an attorney? Was there enough time to fully consider the information and was there full disclosure? The substance of the agreement cannot be overreaching. In other words, the substance has to be justified under the facts of the case, and the outcome should fall within that same criteria.