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Common terms included in postnuptial agreements include how property would be divided in a divorce, what would happen to business ownership, and details about spousal support payments.

Postnuptial agreements have become common in recent years, and they are honored and enforceable in most U.S. states. 1 Most postnups are mostly about money and protecting assets in the case of a divorce, and postnups may be written when a couple is in crisis or concerned about the state of their union.

In Indiana, a married couple filing for divorce should consider a post-nuptial agreement as part of their reconciliation. In a post-nuptial agreement, the married couple will set forth how they will divide property and debts incurred before and during the marriage.

The Cons of a Postnuptial Agreement A Postnup may Sow Seeds of Uncertainty. ... A Postnup may Force a Shift in Lifestyle Choices. ... A Postnup May be Declared Void By a Court. ... A Postnup May Turn Out to be an Unfair Agreement Years Later.

A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent. (We have seen agreements that have a provision for child support, but it is not enforceable.

There are three basic requirements for a valid postnuptial agreement. First, the agreement must be in writing. Both spouses must have their own attorney guiding them. Finally, the agreement should be notarized.