Postnuptial Agreement
Pronunciation: post-NUP-shul a-GREE-ment
A marital contract signed after the wedding — useful when a prenup was not executed in time.
Definition
A written contract between spouses entered into after the wedding (in contrast to a prenup, which is signed before). Postnups can address the same issues as prenups — mahr documentation, separation of property, elective-share waiver, and Islamic arbitration — but receive heavier scrutiny in most U.S. courts because the fiduciary relationship between spouses can raise concerns about coercion.
Some states (Ohio is a notable example) historically refused to enforce postnups at all. For Muslim couples who married without a prenup, a postnup is the best available document to retrofit mahr enforceability and Faraid protection — though it must be drafted carefully and with full mutual disclosure.
Related Terms
Nikahنكاح
The Islamic marriage contract — verbal or written, requiring offer, acceptance, and witnesses.
Mahrمهر
The obligatory bridal gift in Islamic marriage — a financial right of the wife, due from the husband.
Elective Share
The U.S. state-law right of a surviving spouse to claim a fixed portion of the deceased spouse's estate — overriding any will.
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Postnuptial Agreement — A marital contract signed after the wedding — useful when a prenup was not executed in time. A written contract between spouses entered into after the wedding (in contrast to a prenup, which is signed before). Postnups can address the same issues as prenups — mahr documentation, separation of property, elective-share waiver, and Islamic arbitration — but receive heavier scrutiny in most U.S.
- A marital contract signed after the wedding — useful when a prenup was not executed in time.
- Category: Contracts
- Related: Nikah, Mahr, Elective Share
- Compare related Shariah-compliant products on HalalWallet
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Reviewed by: HalalWallet Editorial Team
Last reviewed: 2026-05-01
Editorial Team, HalalWallet
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