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Postnuptial Agreements Can Spell Out Property Settlement Rights in the Event of Divorce or Separation or Death of a Spouse

By Janet Langjahr

Everyone has heard of prenups, or prenuptial agreements. If properly done, generally enforceable and increasingly popular.

What if the couple is slow and doesn’t get their prenup done before the wedding? Assuming they both still wish they had signed a prenup in time, is all lost?

That depends on what state they live in.

Massachusetts’ highest court just formally recognized postnups, or postnuptial agreements which are made during the marriage – provided they are carefully reviewed and approved by a family court judge.

Florida, along with many other states, also allows postnuptial agreements. The duty to disclose financial information is greater between already married couples than merely engaged couples though.

Like prenups, postnuptial property settlement agreements can spell out property rights in the event of a divorce or separation, or the death of a spouse.

Read more in this Boston Globe article: In a first for Mass., SJC approves post-nuptial contracts.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on July 22, 2010 (boomark / email).