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Postnuptial Agreement
A postnuptial agreement is a legal contract that a married couple signs after their wedding to decide how to divide their property and handle financial matters if they divorce or one spouse dies.
What it actually is
It is a written agreement made voluntarily by spouses after marriage, typically addressing asset division, spousal support, and debt allocation. In a court case, it appears as a binding document that the judge may enforce unless it is found to be unconscionable, fraudulently obtained, or lacking full financial disclosure.
Why it matters in your case
If you are in a divorce or probate case, a postnuptial agreement can determine what property you keep or owe, potentially saving you from a lengthy trial. It matters because the court will generally honor the agreement unless you can prove it was unfair or coerced, shifting the burden to challenge its validity.
The common misunderstanding
Many people mistakenly think a postnuptial agreement is only for couples with serious marital problems, but it can be used by any married couple to clarify financial expectations. Another common error is assuming it can cover child custody or child support, which courts almost never enforce because those decisions must serve the child's best interests.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.