Is a postnuptial agreement as good as a prenuptial agreement?

A prenuptial agreement or prenup is a contract entered into by 2 people in anticipation of marriage and before marriage.  A postnuptial agreement is an agreement or contract entered into by people who are already married.

Many courts around the country have ruled that a contract entered into after marriage is not as strong as a contract entered into before marriage.  Courts are very skeptical when it comes to postnuptial agreements because there is inherently a coercive factor in the agreement.

The typical scenario that leads up to a postnuptial agreement is when one spouse wants to keep the marriage going while the other spouse doesn’t.  The unwilling spouse draws up a postnuptial agreement for the willing spouse to sign and makes it a condition of staying married.  The spouse signs it hoping to save the marriage enough though the terms of the agreement is against his/her interest.  This is the very definition of being coerced.  If a contract being entered into is not absolutely and entirely voluntary, without any form or coercion, then it cannot be valid.

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