Postnups 101

Generally, postnuptial agreements share similar provisions as prenuptial agreements. The main difference between the two is that postnuptial agreements are entered into after marriage, while prenuptial agreements are entered into before marriage.

In postnuptial agreements, provisions that are commonly addressed and included are: division of property and assets, division of debts, whether a spouse will pay maintenance (sometimes referred to as alimony), how assets will pass if either spouse dies during marriage, and so on. 

While prenuptial agreements and postnuptial agreements have very few differences with respect to their legal efficacy, postnuptial agreements contain a requirement that the challenging spouse must also have been informed at the time of signing of their probate rights. It is also important to note that any attempt to restrict or limit child support or child custody in a postnuptial agreements will be deemed unenforceable by the Court.

If your spouse comes to you with the idea of creating a postnuptial agreement, this doesn’t automatically mean that they are thinking about filing for divorce. There are a variety of reasons, so remain open-minded. The desire to enter into a postnuptial agreement can be to protect the interests of children from a previous marriage, when one spouse has significantly more debt or financial responsibility they’ve accrued, when a spouse owns a business, when has experienced a financial windfall, such as an inheritance. 

Because postnuptial agreements are complicated, it is important that if you are seeking a postnuptial agreement or if your spouse has proposed a postnuptial agreement that you contact with a Missouri family law attorney before signing the agreement. At Langley Law, we are here to help!