After a couple marries, they may want to reach a postnuptial agreement as to certain rights and responsibilities that will bind the other party in the event of separation, divorce or death. Such a marital agreement is made in substitution for the rights and interests that would normally flow from the fact of their having married. If the parties eventually obtain a divorce, or if a divorce is pending, the Divorce Code contemplates that a Postnuptial Agreement will be binding on the parties, and even an interim order enforcing the Agreement can be issued by the Court. However, the validity of a Postnuptial Agreement may come into play in the event one of the spouses becomes disabled and seeks government benefits.
Since even the most drastic agreement between a husband and wife extinguishing valuable rights and responsibilities may be upheld in court, a do-it-yourself agreement can lead to devastating, unintended consequences. It is important to get legal counsel, as one may be bound by a one-sided marital agreement, or an otherwise fair postnuptial agreement may be subject to defeat due to lack of consideration or fair disclosure.