Postnuptial Agreement

Very much like a prenuptial agreement except it occurs during the marriage. It must follow all the requirements of a prenuptial agreement to be valid. One key difference between a postnuptial agreement and a prenuptial agreement is the burden of proof. If challenged at the time of the divorce, the person challenging the prenuptial agreement has the burden to prove it is invalid; the person trying to uphold a postnuptial agreement has the burden of proof to prove it is valid.