A postnuptial Agreement or Antenuptial Agreement is an agreement made after the parties have already married. It can be used to settle the property rights and support obligations of one party to the other in the event the marriage ends in divorce. Postnuptial agreements are held to a higher standard of review because of the close relationship between the parties. It must be fair and reasonable at the time it was entered into as well as at the time a party is seeking enforcement of the agreement.
The court generally looks at the following factors in determining the validity of a postnuptial agreement:
1. Whether each party had advice of counsel;
2. Whether there was a full financial disclosure conducted prior to signing the agreement;
3. Whether each spouse knowing and voluntarily agreed to waive the right to an equitable division of assets under the law;
4. Whether the agreement was fair and reasonable at the time it was entered into and at the time of divorce.