After a couple marries, they may want to reach an agreement as to certain rights and responsibilities that will bind the other party in the event of separation, divorce or death. Such an 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 agreement, or an otherwise fair agreement may be subject to defeat due to lack of consideration or fair disclosure.