Postnuptial Agreements

Postnuptial agreements are contracts made between spouses after marriage that outline the division of property and financial responsibilities. Because spouses owe each other a fiduciary duty, if one spouse benefits more from the agreement, there is a presumption that they exerted undue influence, which they must prove did not occur.

Hannah and Jake, after five years of marriage, sign a postnuptial agreement that gives Hannah the majority of their shared assets in the event of a divorce. Jake feels pressured to sign the agreement, believing Hannah would leave him otherwise. In court, the judge finds that Hannah must prove she did not unduly influence Jake to sign the agreement.

Postnuptial agreements: fair play or undue sway?

Students often confuse postnuptial agreements with premarital agreements, forgetting the fiduciary duty that applies to spouses. This can lead to misinterpretation of the burden of proof regarding undue influence.

Questions typically present a scenario involving a postnuptial agreement with one spouse receiving a disproportionate benefit, prompting analysis of undue influence and the fiduciary duty owed between spouses.