Updated March 27, 2024
A Washington D.C. postnuptial agreement is a legal document used by married couples to establish rights and responsibilities regarding marital property. Postnuptial agreements resemble prenuptial agreements, commonly called “prenups.” However, unlike prenups, which are signed before a couple is married, postnuptial agreements are signed after marriage.
Postnuptial agreements are permitted in the District of Columbia. Still, there is relatively little guidance from statutes and case law, so those considering one may want to consult an attorney.
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]