Many people seem more familiar with the term Pre-nup but do you know what a Postnup is? Well for those that are unaware a Postnup is a “postnuptial agreement.” In the most general terms, a postnuptial agreement is a contract between two spouses entered into after their wedding ceremony, that happens anywhere from weeks to years after the ceremony
The major difference between a Prenup and a Postnup is the most basic: a Prenup happens before marriage., and with a postnup spouses enter after marriage. Most couples decide to enter into postnuptial agreements in the interest of preserving their marriage and encouraging the private resolution of family issues.
History of Postnups?
For many years, Connecticut courts found postnuptial agreements contrary to public policy in part because courts believed at that time postnups encouraged divorce. But in the 2022 case Bedrick v. Bedrick, Connecticut shifted its position on postnups and acknowledged that they can help:
Privately resolve marital conflicts
Protect third party interests, and
Address the spouses’ financial concerns.
What Postnups Can Cover:
Postnups are used to address many of the same issues as prenups. They allow spouses to decide and determine what will happen to their finances at the end of their marriage — whether that marriage ends by death or by divorce. Today, we will focus on how postnups work in the divorce context.
This includes how to handle:
Alimony and spousal support
Children’s rights to property
Not Included in A Postnup:
Unlike prenuptial agreements, which are governed by Connecticut General Statutes 46b-36, there is no postnuptial agreement statute in Connecticut. That said, generally speaking, the limitations of prenups are similar if not the same as a postnups.
Prenups can’t decide child custody or child support: If a marriage ends in divorce, the court will have the final word in matters of child custody and child support.
Prenuptial agreements can’t encourage divorce: Prenups should not encourage divorce in their language or structure.
It can’t promote unconscionable or illegal activities: No surprise here. As with most contracts, your prenuptial agreement cannot include anything illegal. And, if circumstances change and what you decided in your prenup or postnup would no longer be conscionable at the time of divorce, the court won’t enforce it.
Speak to an Experienced Family Law Attorney Today
Whether you are interested in entering into a Prenup or Postnup then you should contact the Law Offices of Keith Anthony at (860) 333-6455. Attorney Keith Anthony can help you navigate thru this process, step by step and is open to assist you.