Search Site
Menu
What is a Postnuptial Agreement and How Can It Benefit You?

Most people are familiar with the concept of a prenuptial agreement (called an antenuptial agreement in Minnesota). It’s a contract developed and signed before a marriage that includes some stipulations for how each party will handle issues like finances, assets and dispute resolution in the event of a divorce.

A slightly less-common contract is a postnuptial agreement, which works similarly to an antenuptial agreement and has the same benefits. The only big difference is that it’s signed after the marriage has commenced.

As a general rule, a postnuptial agreement must meet all the following criteria to be considered valid:

  • The agreement was written and signed by both spouses in the presence of a notary
  • The agreement was entirely voluntary and not the result of threats, deception, coercion or force
  • The agreement is fair and not inherently one-sided or unconscionable
  • Both spouses fully disclosed information regarding their income, assets, property and debts

When to consider a postnuptial agreement

Postnuptial agreements often arise as a result of one spouse’s bad behavior or financial recklessness. Even if the marriage is going well, couples might decide a postnuptial agreement can help them form better definitions about who owns what, who has which financial responsibilities and who has which rights to a family business.

Postnuptial agreements can also be used to address issues that arise in antenuptial agreements, such as:

  • Who will pay spousal maintenance (sometimes referred to as alimony) in the event of a divorce
  • Which spouse would keep which pieces of property in a hypothetical property division process
  • Which spouse will be responsible for marital debts in the event of a divorce

For further advice on creating a postnuptial agreement, contact a knowledgeable Minnesota family law attorney with Appelhof, Pfeifer & Hart, P.A.

Our Attorneys
Client testimonials
  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.

AWARDS & RECOGNITION


superlawyers
Contact us

Quick Contact Form