An agreement entered into by the parties after marriage setting forth the rights or obligations of each party in the event of death or divorce, in addition to during the marriage.
Post nuptial agreements can be used when no divorce is contemplated or when divorce is not imminent. The agreement becomes effective on the date set forth in the agreement.
The same factors used to challenge prenuptial agreements are used in a challenge of the validity of a postnuptial agreement. Testamentary rights in addition to anticipated events are addressed within the agreement.