Postnuptial Agreements
Sometimes a spouse may be unaware of the debts or financial condition of the other spouse before marriage. A postnuptial agreement can help protect that spouse from incurring those debts. They can also be used by individuals entering into a new marriage, after divorce, so that the interests of the child(ren) from the previous marriage are protected.
Validity of Postnuptial Agreements
In order for a postnuptial agreement to be valid, it must be in writing and both parties must enter into it voluntarily and knowingly, without any instance of fraud, deceit, duress, coercion, misrepresentation, or overreaching. Each party should exchange full financial disclosure upfront.