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Post-Nuptial Agreements

A Practical Legal Guide

What is a Post-Nuptial Agreement?

Most people are familiar with the concept of a pre-nuptial, or cohabitation agreement, entered into before marriage as a way of determining how property will be divided in the event that the couple separates, and, in some cases a determination of the quantum and duration, if any, of spousal support. A post-nuptial agreement is very similar, except that, as the name suggests, it is entered into after the couple is married.

A post-nuptial agreement is different from a separation agreement, because in a post-nuptial agreement the couple is not (necessarily) contemplating separation, but, much like a pre-nuptial agreement it is a way of determining how assets will be divided upon separation. The reasons for entering into a post-nuptial agreement are essentially the same as the reasons for entering into a pre-nuptial, or cohabitation agreement.

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