A postnuptial agreement is only as strong as the process used to create it. Courts don’t automatically accept these agreements at face value. Before enforcing one in a divorce proceeding, a judge will review the circumstances under which it was signed and whether both parties were treated fairly. If the process was flawed, the agreement may not survive.
Our friends at The Spagnola Law Firm work closely with couples who want to get this right the first time. We’ve seen what happens when a postnuptial agreement doesn’t hold up. The time and effort that went into drafting it counts for very little, and the couple ends up back at square one with the court making decisions for them. That’s an avoidable outcome when you understand what judges are looking for.
Both Spouses Must Sign Voluntarily
This is the first thing a court will examine. Did both spouses sign freely? Were they given adequate time to review the terms? Was there any form of pressure involved?
Coercion doesn’t always look dramatic. It can be as subtle as one spouse presenting the agreement during a period of marital tension with an implied ultimatum. Courts pay close attention to the timeline and the emotional climate surrounding the signing. If one spouse can show they felt forced or rushed, the agreement becomes vulnerable.
A calm, deliberate process protects both parties. Giving each spouse time to read, ask questions, and think things over goes a long way toward satisfying this requirement.
Full Financial Disclosure Is Required
You can’t build a valid agreement on incomplete information. Both spouses are required to provide a complete and honest picture of their finances before signing. That means everything. Income, assets, debts, business interests, retirement accounts.
Omitting or undervaluing assets is one of the fastest ways to get a postnuptial agreement thrown out. If one spouse later discovers that the other failed to disclose a significant bank account or ownership interest, that alone may be enough to invalidate the entire agreement.
What does thorough disclosure look like in practice?
- A full accounting of all individual and jointly held assets
- Documentation of outstanding debts and liabilities
- Disclosure of income from all sources, including business revenue
- Valuation of real property, retirement accounts, and investment holdings
This step takes effort. But it also builds the foundation that makes everything else enforceable.
The Terms Can’t Be Grossly Unfair
Courts won’t enforce an agreement that’s heavily lopsided. The legal term often used is “unconscionable,” meaning the terms are so unreasonable that no one in a fair bargaining position would have agreed to them.
Does that mean every provision needs to be perfectly equal? No. Judges understand that spouses often have different financial positions, and some degree of imbalance is expected. But an agreement that strips one spouse of virtually all rights to property, support, or shared assets will raise serious red flags.
Timing Matters Too
Some courts evaluate fairness at two different points. They look at whether the agreement was fair when it was signed and whether enforcing it years later would produce an unjust result. A significant change in circumstances, like a serious illness or the loss of a job, can shift how a judge views the terms at the time of divorce.
The Agreement Must Follow State Law
Every state has its own rules governing postnuptial agreements. At a minimum, most require the agreement to be in writing and signed by both spouses. Some states impose additional requirements like notarization or specific statutory language. An agreement that fails to meet these procedural standards can be deemed invalid regardless of how fair its terms are.
Don’t assume a template or generic form will satisfy those requirements. The details matter, and they vary.
Get It Done Right
A postnuptial agreement should be built to last. Attorneys have experience drafting agreements that meet the standards courts expect to see. Contact a postnuptial agreement lawyer to discuss how to create an agreement that protects both you and your spouse.