Duhaime's Law Dictionary


Postnuptial Agreement Definition:

A separation agreement.

Related Terms: Separation Agreement, Marriage Agreement

An agreement drafted and entered into between two separating spouses in contemplation of their separation.

In Hewett v Gott 132 Kan. 168 (1931), the Supreme Court of Kansas distinguished this from a marriage agreement (antenuptial) as follows:

"An antenuptial contract is an agreement in contemplation of marriage, whereas a postnuptial contract is generally one in contemplation of separation. The former is providing and planning for a union of interest with some property modifications; the latter for a complete disunion of all domestic and property interests."

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