Postnuptial Agreement

Property & Assets

A contract entered after marriage that establishes property and support rights, similar to a prenuptial agreement.

Example

After reconciling from a separation, they signed a postnuptial agreement.

Canadian Equivalent

In Canada, this is referred to as Marriage Contract / Domestic Contract (can be entered into during marriage).

Jurisdiction Variations

OHIO

Generally not enforceable

Ohio courts have been reluctant to enforce postnuptial agreements

CALIFORNIA

Postnuptial Agreement (transmutation rules apply)

California recognizes postnuptial agreements but transmutation of property requires writing

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