A postnuptial agreement is similar to a prenuptial agreement and can serve the same purpose; the main difference is that the postnuptial agreement occurs after the marriage. Postnuptial agreements can address new matters that have arisen during the marriage, such as, financial issues or businesses opportunities that are causing marital stress or can be used to amend prenuptial agreements. Additionally, a postnuptial agreement can be used to partition marital property, and to change separate property into community property and community property into separate property.
Two important rules to remember for ensuring that either pre or post nuptial agreement are enforceable and binding: 1) a full disclosure of assets and interests is required; and 2) both parties should have attorneys reviewing and explaining the document(s) to their respective clients. Whether you are contemplating a prenuptial or postnuptial agreement, or if your spouse or fiancé has presented you an agreement to review, Rob Galvin, P.C. is here to assist you.