October 11, 2019 Feature

Ten Practice Tips for Postnuptial Agreements: Drafting Considerations and Formalities

Michael A. Mosberg & Patricia Kindregan

Introduction

Every postnuptial agreement is unique because the need for an agreement between spouses can arise from a variety of factual situations. It may be that a prenuptial agreement was not done in time or the idea of a prenuptial agreement was raised too close in time to the marriage. It may be that one party receives a substantial inheritance during the marriage and wants to shield it from potential future division. Marital infidelity or issues of addiction may exist, but the couple is working through their issues and wants an agreement to provide a level of certainty and stability. In certain instances, spouses may simply want to update an older prenuptial agreement that has, over time, become outdated for any number of reasons, e.g., length of marriage, birth of children, health issues, or other events that were not foreseeable or anticipated prior to marriage.

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