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A Postnuptial Agreement (sometimes referred to as an After Marriage Agreement or Post Nuptial contract) is a written document signed by parties to a marriage that sets out how they agree to have property divided, spousal support determined, and attorneys fees paid in the future if the marriage ends in divorce.
Is there any difference between a Postnuptial Agreement and a Marital Settlement Agreement?
Yes. A Post Nuptial Agreement is usually entered into by parties not already in the divorce process, while a Marital Settlement Agreement is usually entered into by parties going through a divorce.
Is there any difference between a premarital agreement and a post marital (or post nuptial) settlement agreement?
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Yes.
A premarital agreement is entered into before marriage, and a Postnuptial Agreement is entered into after marriage. How the law views the parties is much different. Before marriage, the parties are entering into an agreement much like two business persons entering into a contract.
After marriage, they are in a fiduciary relationship with each other, and any transactions between them are viewed with caution.
Must each party to a premarital agreement have an attorney?
No. However, it both parties have an attorney it makes it much more difficult for either party to later seek to challenge the agreement based upon a claim that they did not understand the document, or that they were forced into signing the agreement.
Are their time requirements about when the agreement must be signed?
No
Can I create a Postnuptial Agreement online?
Yes. Our service is designed to help people use the convenience of the internet to create a high quality, customized, Post Nuptial Agreements over the internet.
