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Washington D.C. Postnuptial Agreement

A Washington D.C. postnuptial agreement is a legal document used by married couples to establish rights and responsibilities regarding marital property. Postnuptial agreements are signed after marriage.
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Signing Requirements

No clear rule. But agreements must be in writing and signed by both parties.

Laws

Equitable Distribution: In divorce or separation proceedings, courts shall assess and distribute all property and debt accumulated during the marriage or domestic partnership that has not been addressed in a valid antenuptial or postnuptial agreement or a decree of legal separation.[1]

Scrutiny: Courts contracts made by married couples are more carefully scrutinized than ordinary contracts because spouses owe a fiduciary duty to each other during the marriage.[2]

Unconscionability: Under District of Columbia law, a contract is unconscionable and therefore unenforceable if meaningful choice is absent on the part of one of the parties and the contractual terms are unreasonably favorable to the other party.[2]