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Similar to premarital agreements, postnuptial agreements allow spouses to resolve any potential issues prior to those issues arising in the event of a separation or divorce. There are certain requirements in order for these agreements to be enforceable, and it is important to ensure that your postnuptial agreement is drafted appropriately and executed properly for enforce-ability.
The agreement must be executed by both spouses, in front of a notary. Ideally, the agreement should be executed by each spouse separately, so that there is no concern that either spouse is being pressured by the other to sign the agreement.
Also, both spouses must make a full disclosure of assets and liabilities to the other spouse prior to the execution of the agreement. This ensures that both spouses enter the agreement voluntarily, and with a complete knowledge of the rights and responsibilities they are acquiring and giving up.
If you are interested in exploring the possibility of a postnuptial agreement, contact our office to speak with an attorney today.