A Washington, DC postnuptial agreement is a legal document that empowers married couples to define financial and property rights during their marriage.
Unlike prenuptial agreements or “prenups,” which are drafted before marriage, postnuptial agreements are established after the wedding. They outline asset division, spousal support, and other financial matters in the event of divorce or separation.
Legal Considerations
Postnuptial agreements in the state are governed by case law, legal principles and doctrines relevant to contract law and family law, and provisions of District of Columbia Official Code, Title 46, Domestic Relations.
Understanding Postnuptial Agreements in Washington, DC
Unconscionability
- In accordance with state legislation, a contract becomes unenforceable if it lacks meaningful choice for one party and if the terms significantly favor the other party, rendering it unconscionable (Simon v. Smith, 273 A.3d 321 (D.C. 2022)).
§ 46–601 – Rights Enumerated
- Definition of “Domestic partner” and “Domestic partnership” align with § 32-701(3) and (4) respectively.
- Rights and responsibilities of married or registered domestic partners regarding property ownership, contracts, and engagements remain unaffected, granting them equal capacity as unmarried individuals, with exceptions outlined for liabilities and debts incurred during marriage or domestic partnership.
§ 19–601.01 – Nonprobate Transfers on Death
- A provision for a nonprobate transfer on death encompasses various financial instruments and agreements, ensuring assets are transferred to designated individuals upon the decedent’s passing, as specified within the instrument or in a separate writing, including a will.
- This provision does not restrict creditors’ rights under other District laws and does not adjudicate the validity or precedence of conflicting provisions within the specified documents.
