Postnuptial Agreement Template

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A Postnuptial Agreement is a legal contract between spouses outlining the division of assets and financial responsibilities after marriage. It is used to protect individual property and clarify financial terms in case of separation.

Postnuptial Agreement

This Postnuptial Agreement (the "Agreement") is entered into on   (the "Effective Date") by and between

  having their usual place of living at   (the "Husband"), and

  having their usual place of living at   (the "Wife"), collectively referred to as the "Parties" and individually as the "Party".

 

WHEREAS the Parties were married on  ;

 

WHEREAS the Parties desire to define their rights and responsibilities with respect to their property as well as financial and personal matters in the event of the Parties' separation or divorce;

 

WHEREAS either Party desires to enter into this Agreement freely and voluntarily, without undue influence, fraud, or misrepresentation; 

 

NOW, THEREFORE, in consideration of the obligations contained herein and other valuable considerations, the Parties have agreed as follows:

 

Grounds for divorce. This Agreement shall remain in effect only due to the following grounds for divorce:

 

Assets. The Parties acknowledge and agree that they have fully disclosed to each other all assets owned individually or jointly as of the date of this Agreement. This includes but is not limited to real property, financial accounts, investments, personal property, businesses, and other assets of value.

 

Joint property. The Parties agree that the following property, both premarital and acquired during the marriage, shall be considered as joint property (the "Joint Property"): 

For the purposes of this Agreement, separation shall be defined as the physical and unequivocal cessation of the Parties' cohabitation as spouses. Separation shall signify that the Parties no longer reside in the same household and have ceased engaging in a marital relationship (the "Separation"). 

For the purposes of this Agreement, divorce shall be defined as the legal termination of the marital relationship between the Parties by a final judgment or decree of divorce issued by a court of competent jurisdiction (the "Divorce").

In the event of the Separation or Divorce of the Parties, all the Joint Property shall be divided as follows:

Each Party will be entitled to 50% of this property or an equal monetary share, regardless of the proportion of each Party's investment, unless the Parties have agreed otherwise in writing.

 

Separate property. The Parties agree that the separate property (the "Separate Property"), both premarital and acquired during the marriage, shall be deemed solely owned by either Party and, in the event of the Separation or Divorce, is not subject to division between the Parties.

The Husband's Separate Property includes:

The Wife's Separate Property includes:

 

Residence. The Parties reside in   located at   (the "Residence"). 

The expenses related to the maintenance of the Residence, such as   in the event of the Parties' Separation or Divorce, shall be paid by the Husband within the term left until the expiration of the obligations as to these expenses.

 

Debts. The Parties have the following joint debts:  .

The Parties agree that all debts listed above should be paid by the Husband.

Either Party is solely responsible for the debt made after the Effective Date.

 

Taxes. The Parties agree to file separate federal and state income tax returns or as otherwise designated in writing. The Agreement does not waive the Parties' right to report their income for federal or state income tax purposes jointly.

 

Financial support. The Parties agree that in case of  , the Husband will pay spousal support to the Wife of   per month for   following either Party filing a petition for Divorce in the state of governing law.

In case of betrayal, including infidelity, the injured Party reserves the right to seek legal remedies for any damages or harm caused to the marriage, including potential adjustments to this Agreement.

Both Parties commit to providing complete and accurate financial data and information about health conditions. Any intentional misrepresentation or withholding of financial information or health conditions may result in legal remedies, such as voiding this Agreement or modifying its terms.

 

 

Disability. In case of any legal disability, the Parties waive any right to serve as conservators of the person or property of the other.

 

Term and termination. This Agreement shall commence on the Effective Date and shall be terminated at any time by mutual written agreement of both Parties. Any termination of this Agreement shall be signed and dated by both Parties and shall be effective upon the date specified in the termination agreement.

The Party wishing to terminate this Agreement should provide written notice to the other Party at least 10 business days in advance, specifying the reasons for termination and the effective date of termination. The termination notice shall be sent by certified mail or delivered in person. 

Upon termination, this Agreement shall be null and void, and its terms and conditions shall no longer apply to the Parties. All property, assets, and financial arrangements shall be governed by applicable laws and regulations as if this Agreement had never existed.

If, upon sending the termination notice, the Parties begin the Divorce process and reconcile, this Agreement shall remain in full effect unless and until it is modified or revoked in writing and signed by the Parties.

 

Revocation of the Agreement. This Agreement may be amended, modified, revoked, or canceled at any time only by an acknowledged written instrument signed by both Parties with notary acknowledgment.

 

Communication. Both Parties understand the importance of maintaining effective and respectful communication to address matters related to shared assets and other necessary separation or post-divorce responsibilities. The Parties agree to communicate primarily via  , except in cases of emergency or time-sensitive issues, where telephone communication may be appropriate. The Parties shall provide each other with updated contact information to ensure communication effectiveness. The Parties shall strive to respond to non-emergency communications within a reasonable time frame, typically  . In the event of a genuine emergency involving shared property, either Party may initiate immediate communication without adhering to the preferred modes and response times mentioned in this clause.

Governing law and dispute resolution. This Agreement shall be governed by and interpreted following the laws of the State of  , and any disputes arising out of or in connection with this Agreement shall be exclusively resolved by the courts of the State of  .

Binding agreement. This Agreement shall be binding and inure to the benefit of the Parties.

 

Severability. If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability. The illegality, invalidity, or unenforceability of such a provision in that jurisdiction will not affect its legality, validity, enforceability, or any other provision of this Agreement in any other jurisdiction.

 

Entire agreement. This Agreement constitutes the entire understanding between the Parties and supersedes all prior discussions, understandings, or agreements, whether oral or written.

 

Acknowledgments. Each Party acknowledges that before executing this Agreement either Party may have this Agreement reviewed by the legal counsel or attorney as well as has read and understands each provision of this Agreement. 

 

Annexes. All Annexes, if any, shall make an integral part of this Agreement by reference.

 

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. 

 

The Husband

________________________________

Signature

 

 

The Wife 

________________________________

Signature

 

Notary Acknowledgment 

Personally appeared, known to me to be the person whose name is subscribed to the foregoing instrument, sworn to, and subscribed before me on  .

 

________________________________

Notary public's signature

 

________________________________

Notary public's name and seal

Written by Karyna Pukaniuk - Reviewed by Jonathan McGill

Template Description

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Paper titled "Postnuptial Agreement"; pen, engagement ring, newlyweds standing neat the lawyer desk

What Is a Postnuptial Agreement?

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A postnuptial agreement is a document created by a married couple that reaffirms their dedication to each other. It details their individual financial duties, asset distribution, and how to navigate debt ownership if they ever part ways through divorce.

While it has many similarities with a prenuptial agreement, a postnuptial agreement template is uniquely formed after matrimony has already taken place.

Throughout the terms of a sample postnuptial agreement, provisions can also be made for provisions for the other spouse in the event of death, along with other commitments both spouses must adhere to should they decide to separate or divorce.

A postnuptial agreement form goes by other names, such as:

  • After-marriage agreement;

  • Postnup;

  • Postmarital contract.

Why Get a Postnuptial Agreement?

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Reasons to obtain a sample post nuptial agreement include:

  • Financial security
    The postnuptial agreements guarantee protection for both spouses' financial interests.

  • Promotion of open dialogue
    Such agreements encourage open and honest conversations about financial matters within the marriage.

  • Use in case of separation or divorce
    The post nuptial agreement serves as a pre-established guideline, which can be invoked if a couple decides to separate or divorce, ensuring that both parties and their resources are safeguarded.
  • Shield for children
    It provides protections for children from previous and present marriages, ensuring their interests are considered and secured.
  • Reduction of potential legal disputes
    By establishing clear expectations and responsibilities, a post nuptial agreement template can minimize future legal conflicts.
  • Cost efficiency
    The agreement can help cut down potential future legal costs if a marriage ends.
  • Decreased tensions
    Establishing terms in advance can lessen squabbles and foster a stress-free environment.

Key Roles of a Postnuptial Agreement

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A postnuptial agreement sample PDF format serves as a financial shield for you and your spouse in the event of divorce, separation, or death by catering to several specific needs:

  • Safeguarding inheritance
    If either of you stands to gain substantial inheritance, a postnuptial agreement example ensures these assets remain intact irrespective of divorce or separation outcomes.
  • Supporting non-working spouses
    For spouses relying on their partners financially, typically stay-at-home spouses or parents, the agreement stipulates the level of support they can expect should there be a divorce or separation.
  • Asset and debt division
    It establishes guidelines for the fair partition of shared assets and liabilities during a divorce or separation and retains personal assets with their individual owner.
  • Inheritance protection in estate planning
    The agreement respects the deceased spouse’s last will and testament, safeguarding the inheritance meant for the intended beneficiaries. The surviving spouse will then receive what's allocated within the will or as per the terms of the postnuptial agreement sample.

Postnuptial agreement vs. Prenuptial agreement

While both agreements serve a similar purpose, the timing of their creation sets them apart. A postnuptial agreement is formulated by couples post-marriage, whereas a post nuptial agreement form is pre-marital.

Contrarily, if the prenuptial agreement no longer adapts to a married couple's needs, it can be cancelled and substituted by a postnuptial agreement.

Postnuptial agreement vs. Divorce

Creating a postnup template does not necessitate an imminent divorce, nor does it imply that one will occur. It merely serves as a preventive measure, providing a safety net in case of divorce or separation.

If you're already thinking about divorce, then it's not a good idea to depend on a postnuptial agreement. In this case, it's better to make a separation agreement which clearly sets out the terms of your separation. 

How To Write a Postnuptial Agreement

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Loio provides a user-friendly platform to create and customize a post nup agreement template by simply filling it out with the help of an online interview. The necessary steps are as follows:

Input party details

Start with the basics: enter the full names and residential addresses of both spouses.

Asset catalogue

Compile a complete list of assets which are:

  1. Separate: Any asset individually owned by one spouse who retains ownership in case of divorce or separation.

  2. Shared: Assets owned jointly by both spouses and may be subject to division or buy-out upon separation.

Assets typically classified as shared property upon marriage could include real estate, retirement funds, or stocks acquired during the marital period. The division of these and any future shared assets can be stipulated in your post nup agreement.

Shared asset division

Decide upon and clearly define how joint assets will be divided. By common legal rules, courts usually divide assets equally or follow the idea of fair distribution (which means in a balanced way).

Bear in mind that fair distribution doesn't always mean a perfect 50/50 split. The default practice varies depending on the jurisdiction of your locality. Alternatively, you can also opt to partition a shared asset according to each spouse's financial contribution towards that asset.

Debt enumeration

Just as with assets, you need to provide a detailed list of all your debts, whether separate (each party is responsible for their respective debt) or joint (both parties are equally accountable).

Shared debt distribution

Specify your decision about how joint debts will be tackled. Most couples opt for an equal split of shared debts.

Dependent children information

Offer details pertaining to the dependent children from both ongoing marriages and any past relationships. A dependent child either born to or adopted by the parents, who the parents have to legally take care of. Usually, a dependent is a child who is younger than 18 and looked after by an adult.

Spousal support plan

Outline the terms for spousal support. This support, also known as alimony or spousal maintenance, is the financial assistance one spouse provides to the other after a separation. This support aims to help the lower-earning spouse sustain their lifestyle till they can attain a sufficient income level.

Several factors can influence the length and amount of spousal support payments:

  • Duration of the marriage;

  • Future earning potential of the lesser-earning spouse;

  • Individual inputs during the marriage;

  • Health status of each party.

While including spousal support provisions in your online postnuptial agreement is at your discretion, it's important to remember if no decisions are made regarding this, the governing state or federal laws will decide the spousal support terms should a divorce occur.

Surviving spouse's inheritance terms

Depending on your specific scenario, you can limit what portion of your estate your spouse can inherit. This may be decided based on other beneficiaries you may have, like children from past relationships.

Supplementary clauses

You can add extra clauses in your postnuptial agreement. However, it's necessary to avoid terms that are illegal or unlawful, biased toward one partner, concerning physical appearance or fidelity, or relating to child custody or support and parenting rights.

Legal Validity of a Postnuptial Agreement

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A postnuptial agreement works like a legal contract if it includes all the necessary parts a contract needs. Courts typically regard printable postnuptial agreement templates in the same light as any other contracts.

To be legally valid, a postnuptial agreement needs to follow these rules:

  • The agreement can't have any fraud, pressure, dishonesty, force, misconceptions, or false presentations.
  • Both partners must share their financial information and all important details.
  • The terms in the agreement should be fair and balanced.

Where To Use a Postnuptial Agreement?

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Every state follows its own specific regulations pertaining to the implementation of a postnuptial agreement during a separation or a divorce. It's advisable to receive independent legal advice or explore your local county laws to get a better understanding of how they put into effect the provisions of postnuptial agreements.

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