Creating a postnuptial agreement is only part of the process. Making sure that agreement is valid, enforceable, and actually protects both parties requires a few critical steps that are easy to overlook — particularly around attorney review and how different states treat these documents. This article picks up where Part 1 left off and covers what needs to happen after the agreement is drafted to ensure it holds up.
The Validity Question: Does a Postnuptial Agreement Hold Up Everywhere?
A question that comes up often is whether a postnuptial agreement signed in one state will be recognized and enforceable in another. The honest answer is that it depends. Not every state treats postnuptial agreements the same way, and the specific requirements for validity — including how the agreement must be executed, witnessed, or notarized — vary by jurisdiction.
If you are creating a postnuptial agreement, checking with a local attorney is an important step before finalizing anything. Understanding your state’s specific rules will help ensure that the agreement you reach in mediation will actually be enforceable if you ever need to rely on it. This is one area where general assumptions can lead to serious problems down the road.
Why Attorney Review Is Non-Negotiable
Even when an agreement is reached collaboratively through mediation, each party should have its own attorney review the final document before signing. This is not about distrust — it is about protection. An attorney will confirm that the terms are fair, that your rights are preserved, and that the agreement meets the legal standards required to be enforceable in your jurisdiction.
Postnuptial agreements need to be conscionable, meaning neither party should agree to terms they do not understand or that are grossly unfair. Attorney review is how you ensure that the standard is met. Whether you are drafting a standard postnuptial agreement or an immediate postnuptial agreement in response to a significant event in the marriage, the review step should never be skipped.
Think of attorney review as the final quality check — the step that transforms a good-faith agreement reached in mediation into a document with real legal standing.
What Makes an Agreement Conscionable?
Conscionability is a legal concept that essentially means the agreement is fair and was entered into freely. Courts will look at whether both parties had full information about the assets and debts involved, whether each party had time to review the terms, and whether there was any sign of pressure, coercion, or manipulation.
In mediation, these conditions are much easier to meet than in adversarial negotiations. Both spouses have the chance to speak openly, raise concerns, and ask questions in a neutral environment. The mediator’s role is to ensure that both voices are heard equally, which is exactly what conscionability requires.
Immediate Postnuptial Agreements
An immediate postnuptial agreement is a specific type of postnup entered into shortly after a significant event in the marriage — often a financial windfall, an inheritance, the launch of a business, or a shift in income. The purpose is to document how the new circumstances will affect the couple’s financial arrangement if the marriage were to end.
Because these agreements are created quickly in response to an event, the pressure to get them done fast can sometimes lead to shortcuts. That is exactly why attorney review is even more important in these situations. Taking the time to have each party’s attorney confirm the terms before signing protects both spouses and gives the agreement far better standing if it is ever challenged.
After the Agreement Is Signed
A postnuptial agreement is not a set-it-and-forget-it document. Life changes — financial circumstances shift, assets are acquired or sold, and the terms of the agreement may need to be revisited. If major changes occur during the marriage, it is worth reviewing whether the existing agreement still reflects both parties’ intentions.
Mediation is an equally effective tool for revisiting and updating an existing postnuptial agreement. The same collaborative process that helped you create the original terms can help you revise them in a way that feels fair to both sides.
Working with Resolvium
At Resolvium, we work with couples throughout Chicago who want to approach postnuptial agreements thoughtfully and collaboratively. Our role is to facilitate the conversation, help both parties reach terms they genuinely agree with, and ensure the process is handled with the discretion and professionalism these decisions deserve.
