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.