At the federal level, about half of the states recognize the validity of post-ascending contracts – AL (status and judicial expertise); AK (status and judicial expertise); AZ (judicial opinion); AR (Court judgment); CA (status); CO (legal and judicial opinion); TC (legal and judicial expertise); DE (Court judgment); FL (status); GA (forensic expertise); ID (legal right); IL (legal right); IN (legal and judicial opinion); KS (Court decision); KY (legal right); LA (legal right); MD (Court decision); MA (legal right); LE (legal and judicial opinion); MS (legal and judicial opinion); MO (Court decision); MT (Statut) NE (Court judgment); NV (legal and judicial expertise); and NY (status). A post-marital agreement is generally accepted as fair and applicable to divorce, depending on the exact way in which the language is used in the heritage division agreement. A post-marital arrangement is simply a written contract between spouses who, after the performance of the marriage, regulates the affairs and fortune of the couple after death or in the event of separation or divorce. It must be written to be effective, must be fully disclosed to the assets and financial information of the parties and, as a general rule, notarized or recognized. Since the 1970s, post-uptial agreements have been widely accepted in the United States. They are usually involved in three types, including the species in this case – an agreement that provides for the division of marital property when the first spouse dies. As a general rule, the agreement stipulates that the surviving spouse waives all rights that the survivor has over the property he or she would have inherited under the deceased spouse`s will or state status. When it comes to estate matters, the law is clear on certain points – (1) a spouse cannot be disinherited; and (2) a child may be disinherited. While a spouse can execute a will that leaves nothing to the other spouse, the surviving spouse is legally entitled to a portion of the deceased spouse`s estate. But both spouses may contractually agree to limit or eliminate the inheritance of a surviving spouse. This is certainly the case when such a contract is concluded before marriage. In this case, the contract is called a marital agreement (pre-marital). But is such an agreement, which is concluded after the marriage (known as a post-uptial agreement) valid? That is the question the court has been asking in this case.
The Iowa Bar`s Department of Family Law has in the past spoken out against the post-Mart agreements. The Family Law Section does not consider that the benefit of being able to carry out estate planning after marriage, through the application of a post-parental contract, outweighs the risk of fraud and coercion.