Wyoming Postnuptial Agreement

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Updated August 07, 2022

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Wyoming postnuptial agreement is a contract between the spouses in a marriage that establishes certain property rights and responsibilities should the marriage end in divorce or death.

Postnuptial agreements resemble prenuptial agreements, commonly called “prenups” or antenuptial agreements, but unlike prenups, they are signed after the couple is already married. Like prenuptial agreements, postnuptial agreements can be helpful for estate planning because they allow couples to contract around the default rules for property distribution during a divorce.

Signing Requirements (Long v. Long (2018)) – Agreements should be in writing and signed by both parties.

Laws

Creation: postnuptial agreement is created when the parties execute an agreement after marriage, even if the agreement is negotiated and drafted before marriage. Combs v. Sherry-Combs (1993).

Separation Agreement: postnuptial agreement must be distinguished from a separation agreement entered into by parties in anticipation of immediate separation or after separation. Combs v. Sherry-Combs (1993).

Encouraging Divorce: Unreasonable agreements encouraging divorce or contemplating separation in the future are void as against public policy. Combs v. Sherry-Combs (1993).

Adequate Consideration: Unlike a prenuptial agreement, the marriage itself cannot provide sufficient consideration in a postnuptial agreement, as the union has already occurred. Instead, there must be an exchange of other identifiable considerations. Long v. Long (2018).