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Devils and Details
Before and After
04/01/2004

If couples find that their original prenuptial agreement no longer addresses their lifestyle or circumstances, they may want to redraft it, drawing up a postnuptial agreement. Postnuptial (sometimes called internuptial or midnuptial) agreements can be useful to married couples who have experienced changes in their fortunes. The sale of a family business, receipt of an inheritance, or an agreement that one spouse will leave the workforce to care for children or elderly parents are common situations that might prompt a postnuptial.

Though most states either have adopted or recognize some form of the Uniform Premarital Agreement Act as it relates to prenups, these guidelines do not apply to postnuptials, which are governed by no specific laws. While some states (Colorado, for example) have recognized the act as being valid for both types of documents, most rely upon the general laws regarding contractual agreements to regulate postnuptials.

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