Legality of the Postnuptial AgreementLegality of the Postnuptial Agreement

Throughout the 20^th century, state laws constantly evolved relative to prenuptial agreements (prenups). Many states opened the doors in the early part of the century by allowing prenups that addressed death, but not divorce. By the latter part of the century, it was commonplace for states to allow prenups that addressed death and divorce, provided that they met certain requirements pertaining to: (1) their validity, for example, financial disclosure, at the time they were executed, and (2) their enforceability, that is, not offending the public policy of the state at the time that enforcement was sought.

To that end, there’s a plethora of cases nationwide addressing the requirements for a valid prenup. In general terms, the consensus for ...