Turken & Porzenski, L.L.C.
Call For an Initial Consultation
636-352-1619 | 888-875-1907

Are post-nuptial agreements enforceable?

While both documents serve the same purpose, post-nuptial agreements differ from prenups in that they are created after a marriage is already in progress. As a result, many people question their validity and worry that they will not be upheld should a divorce occur. The Spruce explains what elements must be present to ensure a post-nuptial agreement is enforceable in court.

The first element concerns whether assets have been fully disclosed in the document. Some people will attempt to hide assets from their spouse when divorcing to ensure they aren’t split during the process. If you fail to include all of your assets in the post-nup, the court may find the entire document invalid and subsequently not honor its terms.

There is also a question of duress when creating any sort of marital document. When one party forces another to agree to terms they otherwise wouldn’t, those agreements are likely not to be upheld. Additionally, neither prenuptial or post-nuptial contracts can make determinations about child support, visitation, or custody. These issues are decided by the court based on the best interests of the child.

Lastly, a post-nuptial agreement must be considered fair to all involved. If a spouse gives up certain rights that he or she would otherwise be privy to, the court may not agree with the terms. This is usually the case when one couple owns a business. If both people contribute funds to the business over time, it’s likely to be considered a shared asset. In this case, the assets may be split between the couple by the court.  

No Comments

Leave a comment
Comment Information
Email us for a response

Email Us

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Turken & Porzenski, L.L.C.
131 Jefferson Street
St. Charles, MO 63301

St. Charles Law Office Map

Review Us
Credit Cards