A post-nuptial agreement is executed during the marriage. It is too simplistic to think that once there is a post-nuptial agreement, that the Court does not have any other choice but to enforce it. Not true. First, the Court can determine the fairness of the post-nuptial agreement at the time it was executed and moreover, the Court can examine the fairness of the agreement at the time of the enforcement. For example, the post-nuptial agreement may have been fair at the time both spouses signed off on it; however, things may have changed since that time (one spouse became disabled, etc.) that would render the enforcement of the post-nuptial agreement unfair.
If you have questions about whether a post-nuptial agreement may be right for your marriage, or are wondering if you can make changes to an existing post-nuptial agreement, contact our Family Law Attorneys today by clicking below or by calling 651-647-0087.