A Postnuptial Agreement is an agreement between a married couple to provide specification regarding the division of their income, assets and debts in the event the couple separates or divorces.
Unlike Prenuptial Agreements, Postnuptial Agreements are subject to "special scrutiny" because of the circumstances surrounding the entry of Postnuptial Agreements. The Courts are concerned one party may use the threat of divorce to bargain into a position of advantage in the negotiation of a Postnuptial Agreement.
Special care must be taken when drafting and entering into a Postnuptial Agreement.