What is a Postnuptial or “Postnup” Agreement?
A postnuptial agreement or “postnup” is an agreement or written contract created between two spouses, after they are legally married. Much like a prenuptial agreement, which is executed before marriage, a postnuptial agreement outlines the terms that will govern certain aspects of the relationship. A postnuptial agreement can be distinguishable from a prenuptial agreement or separation agreement because of the time frame in which it is created. The goal for a postnuptial agreement is to address problems during the marriage that are causing the marriage to suffer. The agreement created during the marital mediation process provides couples an avenue to resolve their issues, especially for those couple who are attempting to preserve their marriage. Postnuptial agreements are reached most often in the process of mediation, also known as marital mediation. Our Connecticut postnuptial agreement lawyers can help with this.
A postnuptial agreement outlines several aspects that couples take into consideration before legal separation or divorce. Certain aspects that are considered include financial matters, property division between parties and how assets, debts and other marital obligations would be handled in the event of separation, divorce or death of one of the parties. Every postnuptial agreement is unique to the contracting couple, in that, the need for an agreement varies between spouses and can arise from a variety of different situations.
The primary goal of a postnuptial agreement is to provide parties with clarity and security in the relationship. Postnuptial agreements reached through marital mediation aims to outline with clarity regarding protection of assets, division of property, allocation of debts and various other responsibilities during the marriage, rather than filing for a divorce or legal separation. The couple negotiating their postnuptial agreement in marital mediation hopes to continue their marriage and the intent of the postnuptial agreement is to help and clarify, not hurt, their marriage and relationship. The intent of the document is to create harmony within the marriage, avoid divorce, and to receive guidance on how to handle conflict or financial stress.
Couples may choose to enter into a postnuptial agreement for a wide variety of reasons, ranging from simple day to day matters such as, “who is going to take out the garbage” to more complex financial or personal issues. More substantial reasons may include clarification of responsibilities during the marriage, protecting the assets acquired before or during the marriage, addressing debt liability, addressing the impact of marital infidelity, updating or modifying an existing prenuptial agreement, adjusting to changed circumstances, or accounting for a substantial inheritance received by one party during the marriage.
Every couple’s situation is unique and the motivations behind creating a postnuptial agreement will vary. The list of reasons is by no means exhaustive. Postnuptial agreements reached through marital mediation are not a one-size fits all approach. Unlike standardized contracts, a postnuptial agreement is personalized and designed to reflect the couples’ specific needs, concerns, and goals as they arise.
What do we need to do to ensure a postnuptial agreement will be valid?
A postnuptial agreement must be clear to be valid, leaving no room for the court to find ambiguity. If the court finds that there was ambiguity associated with the creation of the agreement, then the court may render the agreement to be invalid. To be effective, the drafters must define clear and specific terms when creating and outlining the terms of the agreement, being very clear on how the parties’ assets, liabilities and responsibilities will be distributed in the event that the marriage dissolves, the agreement must be agreed upon during the marriage and signed by both the parties. Financial Affidavits must be correct, all-inclusive and detailed. For example, as of 2025, in Connecticut there is limited case law on postnuptial agreements, with one leading case. Many states do not have postnuptial statutes. The state of Connecticut is such a state. The Connecticut Supreme Court case, Bedrick v. Bedrick, 300 Conn. 691 (2011), applies case law on this matter. The court in Bedrick articulated that the postnuptial agreement was found to be unconscionable and therefore unenforceable. The Court will refuse to enforce a postnuptial agreement for lack of consideration, failure to disclose financial information, or an improper purpose and will find the agreement to be unconscionable.
What can we include in a postnuptial agreement?
The parties must direct the drafters of the postnuptial agreement with information applicable to their case. The client will guide the terms of the postnuptial agreement. The client shall provide the drafters with all the applicable information needed to draft and shall be transparent of all financial assets, debts and status of the marriage. To draft the postnuptial agreement the terms shall include marital debts, assets, legal representation, spousal support, inheritance, property division, and steps to take if either of the parties engage in marital infidelity.
What should not be included in a postnuptial Agreement?
Similar to a prenuptial agreement, the terms of a postnuptial agreement will not include terms outlining child support or child custody. The children and any support that comes along with the children are purposely left out of these agreements and will be determined invalid if such information is outlined in the agreement. Child custody, child support, and the children cannot be contracted at the time of the writing of the postnuptial agreement as time can change circumstances for both parties and the children.
Q&A –
How to begin the process of getting a postnuptial agreement through Marital Mediation?
To draft a postnuptial agreement, you and your spouse should go to a legal professional, specifically a divorce attorney mediator, to help ensure your agreement is compliant with state specific laws. Some states might require each individual spouse to be represented by independent counsel prior to signing the documents, but you may consult your lawyer on those state specific laws.
In order for a postnuptial agreement to be enforceable, or accepted and recognized by the court, a postnuptial agreement shall: be in writing (oral contracts are NOT enforceable), entered voluntarily between both parties, full and fair disclosure of relevant information at time of execution, no language that is unjust to either party that can significantly harm party, and the document must be signed by both parties.
What is the difference between marital mediation and a postnuptial agreement?
Marital mediation is a facilitated negotiation with a neutral third party that allows the couple to voice their issues and work out their problems. It is an emerging area that provides practical tools for couples to save marriage from divorce. Marital mediation is a method that relies on dispute resolution and does not attempt to go deeply into personal or family issues. It provides couples with strategies for communication and allows the couple to construct a postnuptial agreement together.
How much does a postnuptial agreement cost?
The cost varies depending upon the legal fees associated with the chosen marital mediation attorneys and the complexity of the case. Attorneys typically charge hourly rates for such agreements. Therefore, a flat fee may be associated with the cost of meeting with the attorney when drafting the agreement.
How long after marriage can you enter into a postnuptial agreement?
A postnuptial agreement can be executed any time after marriage. There are no specific time limits to when a postnuptial agreement should be drafted and executed. However, the agreement must be executed prior to death, divorce, or legal separation.
What is the difference between a prenuptial agreement and postnuptial agreement?
Prenuptial agreement is signed before marriage. Establish expectations for the future. Postnuptial agreements are signed after the parties are married. Address concerns that arise during the marriage.
Samantha Rosa, J.D. is a divorce and family mediator at CT Mediation Center, LLC. CT Mediation Center was established in 2005, at a time when Mediation was not yet well-established. CT Mediation Center, with offices throughout the state of Connecticut primarily services families seeking a private, out-of-court process devoid of litigation. To learn more or schedule your free consultation, visit our site or contact our Connecticut postnuptial agreement lawyers at (860) 986-1141. Samantha can be reached at info@ctmediationcenter.com.