Postnuptial Agreement

A separation agreement.

An agreement drafted and entered into between two separating spouses in contemplation of their separation.

In Hewett v Gott 132 Kansas 168 (1931), the Supreme Court of Kansas distinguished this from a marriage agreement (antenuptial) as follows:

"An antenuptial contract is an agreement in contemplation of marriage, whereas a postnuptial contract is generally one in contemplation of separation. The former is providing and planning for a union of interest with some property modifications; the latter for a complete disunion of all domestic and property interests."