A postnuptial agreement is a legal agreement formed between spouses after they have entered into a legal marriage. A postnuptial agreement does not require the parties to have had a prenuptial agreement. In most instances, postnuptial agreements address property issues in the event of divorce or death. Postnuptial agreements can however address any issues important to the couple, but like prenuptial agreements, a court will refuse to enforce certain personal agreements such as household chores.

As is the case with prenuptial agreements, the key question to ask yourself is whether you intend the agreement to be enforceable. If it is your or your spouse’s intent to be able to present the agreement to a court and ask the court to enforce it, then the agreement should be prepared with the assistance of an attorney experienced in postnuptial agreements.