A post-nuptial agreement can provide certainty about a possible future division of property, taking that off the table so couples can concentrate on resolving other issues
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“More often when people approach me about a post-nup, it’s because they have an inkling that something is falling apart,” Ms. Fraese says. “I think it’s really smart [because] it allows them to just focus on the relationship and not have to worry about the unknowns of a separation.” Courts consider carefully whether parties disclosed assets and debts fully and frankly and whether a post-nup leads to “unconscionable results.” For example, if someone waives spousal support rights.
Changes to assets itemized in a post-nup may require changes to the agreement itself. For example, if a couple sells a home listed in a post-nup, and then invests the proceeds in three different properties, the post-nup must be adjusted to reflect what’s happened.“If you’re dealing with something like ‘interest from an investment that a couple jointly owns,’ then [the post-nup] in broad strokes can remain valid even if those individual investments change.
She says one of the biggest advantages of having a post-nup, assuming it’s a well-drafted contract that won’t be overridden by a court of law, is confidence in the future.
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