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McEvoy Stuntz

Postnuptial Agreements

The 2010 case of Ansin v. Craven-Ansin sets forth the standards for determining the validity of
postnuptial agreements, which the party seeking to enforce the agreement must satisfy.
They include:

  • Each party has had an opportunity to obtain separate legal counsel of each party’s own choosing;
  • There was no fraud or coercion in obtaining the agreement;
  • All assets were fully disclosed by both parties before the agreement was executed;
  • Each spouse knowingly and explicitly agreed in writing to waive the right to a judicial equitable division
    of assets and all marital rights in the event of a divorce; and
  • The terms of the agreement are fair and reasonable at the time of execution and at the time of divorce.