Postnuptial Agreements

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An agreement between a married couple, that is entered to after they are married, which determines the distribution of assets in the event of a divorce.

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In recent years, postnuptial agreements have gained popularity among married couples seeking a mechanism for predetermining the disposition of their property in the event of death or divorce.

There are several reasons why a couple might wish to adopt a postnuptial agreement. For example, a couple that did not sign a prenuptial agreement before marriage may later determine that they want to have some sort of financial plan in place in the event of death or divorce. Additionally, a major change in the financial circumstances of the couple, such as a major career change or inheritance, may alter the financial landscape, requiring a change to the terms of the couple's existing prenup to reflect their current wishes.

While a postnuptial agreement may not be as strong of an option as a prenup, it still may be better than having no agreement at all. Without such agreements, the state may either grant each spouse one-half of the marital assets (if they live in a community property state ) or divide the assets based on an equitable distribution (if they live in a non-community property state). Any non-traditional or specific allocations that you wish to make should be covered by either a prenuptial or postnuptial agreement to avoid the standard distributions.

Among others, this form includes the following key provisions:
  • Separate Property Specified: Identifies the property that remains the separate property of each spouse
  • Shared Property Specified: Identifies the property that is shared amongst the spouses
  • Determination of Type of Property: Clarifies how the property type, whether separate or shared, will be determined
  • Alimony, Support, and Maintenance: Provides for any alimony, support and maintenance should a divorce occur
  • Wills and Other Transfers of Properties: Specifies the effects divorce will have on wills and other transfers of properties
This attorney-prepared packet contains:
  1. Information on Postnuptial Agreements
  2. Postnuptial Agreement form
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Postnuptial Agreement Kit

 

for
     (Name of Husband)            and          (Name of Wife)      
 
 
THIS AGREEMENT (the “Agreement) is made as of the            day of               , 20   , by and between                    (the “Wife”) and                    (the “Husband”, and collectively, the “Parties”).
 
WHEREAS the Parties are married under the laws of the State of                                ;
 
WHEREAS, the Parties wish to enter this Agreement to establish the ownership and division of property between them, including any future property that may be acquired by either or both of them, in the event of divorce, death, or other circumstance that results in the termination of their marriage; and
 
WHEREAS, the Parties have made a full, complete and truthful disclosure of all of their assets and liabilities herein, including any disclosures made in Schedules A and B, attached hereto;
 
WHEREAS, each Party has retained separate and independent legal representation to counsel and advise him/her regarding the terms and conditions of this Agreement;
 
WHEREAS, the Parties have had adequate time to consider this Agreement prior to its execution, and believe this Agreement to be a fair and accurate representation of their intentions with regard to the disposition of assets and liabilities;
 
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
I.   SEPARATE PROPERTY
A.   Generally.  
i.   Each Party shall separately retain all of his or her rights in his or her separate property owned at the time of the execution of this Agreement, however and whenever acquired (the “Husbands Separate Property” and “Wifes Separate Property,” respectively, and collectively, the “Separate Property”).  Complete lists of Husbands Separate Property and Wifes Separate Property are attached to this Agreement as Schedule A and Schedule B, respectively.   The Separate Property will be free and clear of any claim of the other Party, upon separation or otherwise, without regard to any time or effort invested during the course of the marriage in the maintenance, management, or improvement of the Separate Property.
ii.   All other property acquired after the execution of this Agreement, but during the course of the Parties marriage, shall be considered Shared Property (defined below), unless such property can be identified as Separate Property pursuant to Section III(A) below.
B.   Debts.  
i.   The Parties agree that any debts incurred by each Party prior to their marriage will be considered (complete lists of Husbands and Wifes debts are included in Schedules A and B, respectively) (check the appropriate box):
?     Separate Property
?     Shared Property
?      ______________________ (other division).
ii.   The Parties agree that all debts incurred after their marriage will considered Shared Property, unless such debts are accrued according to the following conditions:       (briefly state procedure for establishing certain purchases or acquisitions as separate property, i.e., debts accrued in one partys name, debts accrued for one spouses business venture, etc.)                                                                            .
C.   Rights in Separate Property.  The Parties shall enjoy the full right and authority with regard to their Separate Property as each would have had if not married, including but not limited to the right and authority to sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control that Separate Property.
D.   Tax Obligations.  Each Party agrees to satisfy any tax obligations related to their Separate Property.
II.   SHARED PROPERTY.
A.   Generally.  All property not specifically deemed Separate Property will be considered shared property of the Parties (“Shared Property”).  
 
B.   Distribution on Separation or Divorce.  In the event that the Parties become separated or divorced, or upon the death of a Party, all Shared Property will be deemed to be owned (check the appropriate box):
?     Equally, regardless of each Partys initial or ongoing investment in that Shared Property.
?    According to the following percentages: ________% for ______________and ____________% for ___________, regardless of each Partys initial or ongoing investment in that Shared Property.
III.   DETERMINATION OF TYPE OF PROPERTY.
A.   Determination of Property Type.  In the event of separation or divorce, the following types of property will be deemed (select one box for each type of property):
Property Type                        Separate     Shared
1.
Any property owned by either Party at the execution of this Agreement
 
 
2.
All property acquired by the Parties after the execution of this Agreement that is held in the names of both Parties
 
 
3.
Any property acquired in exchange for property currently owned by either Party, or from the proceeds of a sale of such currently owned property
 
 
4.
Any income, proceeds or property received, directly or indirectly, from property owned by either Party before the execution of this Agreement
 
 
5.
An increase in value, appreciation or gain during the marriage of any property owned by either Party before the execution of this Agreement
 
 
6.
Any property acquired by a Party through an inheritance
 
 
7.
Any award or settlement received as a result of a lawsuit or other court proceeding before the execution of the Agreement
 
 
8.
Any award or settlement received as a result of a lawsuit or other court proceeding after the execution of the Agreement
 
 
9.
Proceeds from an insurance policy received before the execution of the Agreement
 
 
10.
Proceeds from an insurance policy received after the execution of the Agreement
 
 
11.
Any gambling or lottery winnings received by either Party before the execution of the Agreement
 
 
12.
Any gambling or lottery winnings received by either Party after the execution of the Agreement
 
 
13.
Earnings, salary, wages, bonuses or commissions received or earned before the execution of the Agreement
 
 
14.
Earnings, salary, wages, bonuses or commissions received or earned after the execution of the Agreement
 
 
15.
Any savings and earnings from that savings aggregated or earned before the execution of the Agreement
 
 
16.
Any savings and earnings from that savings aggregated or earned after the execution of the Agreement
 
 
17.
Any commingled property, including the commingled Separate Property of each Party, or any Separate Property that is commingled with Shared Property
 
 
18.
The Parties marital residence and any additional homes
 
 
19.
Other:
 
 
B.   Default Designation.  The Parties hereby agree that if it becomes necessary to determine the ownership of a piece of property because of the Parties separation, or because of the death of one of the Parties, that property will be treated as (check the appropriate box):
? Separate Property unless there is clear and convincing proof of Shared Property.
? Shared Property unless there is clear and convincing proof of Separate Property.
IV.   ALIMONY, SUPPORT, AND MAINTENANCE.
A.   Generally. The Parties acknowledge that (select all appropriate boxes):
 
?    ______________________ will be the main provider and wish to establish a claim for alimony, spousal support or separate maintenance for the other Party in the form of: 
?    one lump sum payment of $____________________
?    monthly payments of $_______________________
?    property satisfaction of _______________________
?    other:______________________________________
 
?   The Parties possess sufficient education and job skills to adequately provide for their own support and waive any claim to alimony, spousal support or separate maintenance.  
 
?   Other: __________________________________________,
 
However, to the extent that any such waivers of alimony, spousal support or separate maintenance will cause one Party to become eligible for public assistance, that waiver will be modified to eliminate that eligibility.
 
B.   Exceptions.  The provisions providing for alimony, spousal support or separate maintenance, or the waiver of those amounts detailed in IV.A above will not apply if one or more of the following events occurs (select all appropriate boxes):
 
a.   ? One of the Parties suffers a medical disability and the other Party is both employed and physically able, in which case the disabled Party may receive reasonable spousal support consistent with state law until the disability is concluded, or until the other Party retires or becomes disabled from working, either by agreement or by judicial determination.
 
b.   ? The Parties mutually agree that one of the Parties will reduce his or her work hours and his/her employability or career prospects are negatively impacted by this withdrawal.  In which case, that Party may receive reasonable remedial spousal support consistent with state law for a period of not more than __________ years.
 
c.   ? The Parties mutually agree that one of the Parties will not work in order to care for any children born during the marriage and such Partys employability or career prospects are negatively impacted by this withdrawal. In which case, that Party may receive reasonable remedial spousal support consistent with state law for a period of not more than __________ years.
 
d.   ? The Parties mutually agree that one of the Parties increases his/her work hours in order to support the other Partys continued schooling. In which case, the supporting party shall receive____________________________.
 
e.   ? Other (describe in detail): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
V.   WILLS AND OTHER TRANSFERS OF PROPERTY
Nothing contained in this Agreement shall be considered a waiver of any bequest or devise that one Party may choose to make to the other Party by way of will or codicil, or by way of any gift, grant, or conveyance from one Party to the other Party.
 
VI.   ADDITIONAL CLAUSES.
(Insert any additional agreements between you and your partner): __________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
VII.   MISCELLANEOUS.
A.   Successors and Assigns.  This Agreement shall be binding and inure to the benefit of the parties, their successors, assigns, and legal representatives.
B.   Amendment; Revocation.  This Agreement may be amended or revoked only by written agreement signed by both Parties.
C.   Governing Law.  Without regard to the location of any property affected by this agreement, this Agreement shall be interpreted and enforced under the laws of the State of _______________________________.  
D.   Severability.  In the event that any portion of this Agreement shall be held invalid or unenforceable, it is the intent of the parties that all provisions of this Agreement be regarded as separable, and that all remaining provisions remain in full force and effect. It is further the desire of the parties that all provisions of this Agreement be considered as evidence of their intentions by any court, arbitrator, mediator, or other authority that seeks to divide their estate, and that their intentions be respected whatever the legal status of this Agreement or any of its terms.
E.   Paragraph Headings.  The headings of particular paragraphs and subparagraphs are inserted only for convenience and are not part of this Agreement and do not limit the scope of the paragraph or subparagraph to which the heading refers.
F.   Entire Agreement.  This Agreement and the exhibits attached hereto contain the entire agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
 
HUSBAND
 
                  
Signature
                  
Print Name
WIFE
 
                  
Signature
                  
Print Name
 
 
 
WITNESS
 
                  
Signature
                  
Print Name
WITNESS
 
                  
Signature
                  
Print Name
 
 
 
State of                )
) SS
County of __________________________   )
 
 
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT ______________________________________________________________ personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that ________________ signed, sealed and delivered the said instrument as his/her/their free and voluntary act, for the uses and purposes therein set forth.
 
Given under my hand and notarial seal, this __________ day of ____________, 20____.
 
 
_______________________________
Signature of Notary Public
 
(Seal)
_______________________________
Printed Name of Notary
 
My commission expires on ______________________________, 20____.
SCHEDULE A
Separate Property and Financial Disclosure of Husband: ____________________________
(To be completed by Husband)
 
a.   List all assets claimed as Separate Property:
 
 
 
 
 
 
 
 
b.   List all debts:
 
 
 
 
c.   Annual Income: $__________________________________________
 
d.   The total value of all of husbands assets is approximately: $______________.
SCHEDULE B
Separate Property and Financial Disclosure of Wife: ____________________________
(To be completed by Wife)
 
 
e.   List all assets claimed as Separate Property:
 
 
 
 
 
 
 
 
f.   List all debts:
 
 
 
 
g.   Annual Income: $___________________________________________
 
h.   The total value of all of wifes assets is approximately: $______________.
 
Number of Pages13
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28045
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Postnuptial Agreement Kit

 

for
     (Name of Husband)            and          (Name of Wife)      
 
 
THIS AGREEMENT (the “Agreement) is made as of the            day of               , 20   , by and between                    (the “Wife”) and                    (the “Husband”, and collectively, the “Parties”).
 
WHEREAS the Parties are married under the laws of the State of                                ;
 
WHEREAS, the Parties wish to enter this Agreement to establish the ownership and division of property between them, including any future property that may be acquired by either or both of them, in the event of divorce, death, or other circumstance that results in the termination of their marriage; and
 
WHEREAS, the Parties have made a full, complete and truthful disclosure of all of their assets and liabilities herein, including any disclosures made in Schedules A and B, attached hereto;
 
WHEREAS, each Party has retained separate and independent legal representation to counsel and advise him/her regarding the terms and conditions of this Agreement;
 
WHEREAS, the Parties have had adequate time to consider this Agreement prior to its execution, and believe this Agreement to be a fair and accurate representation of their intentions with regard to the disposition of assets and liabilities;
 
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
I.   SEPARATE PROPERTY
A.   Generally.  
i.   Each Party shall separately retain all of his or her rights in his or her separate property owned at the time of the execution of this Agreement, however and whenever acquired (the “Husbands Separate Property” and “Wifes Separate Property,” respectively, and collectively, the “Separate Property”).  Complete lists of Husbands Separate Property and Wifes Separate Property are attached to this Agreement as Schedule A and Schedule B, respectively.   The Separate Property will be free and clear of any claim of the other Party, upon separation or otherwise, without regard to any time or effort invested during the course of the marriage in the maintenance, management, or improvement of the Separate Property.
ii.   All other property acquired after the execution of this Agreement, but during the course of the Parties marriage, shall be considered Shared Property (defined below), unless such property can be identified as Separate Property pursuant to Section III(A) below.
B.   Debts.  
i.   The Parties agree that any debts incurred by each Party prior to their marriage will be considered (complete lists of Husbands and Wifes debts are included in Schedules A and B, respectively) (check the appropriate box):
?     Separate Property
?     Shared Property
?      ______________________ (other division).
ii.   The Parties agree that all debts incurred after their marriage will considered Shared Property, unless such debts are accrued according to the following conditions:       (briefly state procedure for establishing certain purchases or acquisitions as separate property, i.e., debts accrued in one partys name, debts accrued for one spouses business venture, etc.)                                                                            .
C.   Rights in Separate Property.  The Parties shall enjoy the full right and authority with regard to their Separate Property as each would have had if not married, including but not limited to the right and authority to sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control that Separate Property.
D.   Tax Obligations.  Each Party agrees to satisfy any tax obligations related to their Separate Property.
II.   SHARED PROPERTY.
A.   Generally.  All property not specifically deemed Separate Property will be considered shared property of the Parties (“Shared Property”).  
 
B.   Distribution on Separation or Divorce.  In the event that the Parties become separated or divorced, or upon the death of a Party, all Shared Property will be deemed to be owned (check the appropriate box):
?     Equally, regardless of each Partys initial or ongoing investment in that Shared Property.
?    According to the following percentages: ________% for ______________and ____________% for ___________, regardless of each Partys initial or ongoing investment in that Shared Property.
III.   DETERMINATION OF TYPE OF PROPERTY.
A.   Determination of Property Type.  In the event of separation or divorce, the following types of property will be deemed (select one box for each type of property):
Property Type                        Separate     Shared
1.
Any property owned by either Party at the execution of this Agreement
 
 
2.
All property acquired by the Parties after the execution of this Agreement that is held in the names of both Parties
 
 
3.
Any property acquired in exchange for property currently owned by either Party, or from the proceeds of a sale of such currently owned property
 
 
4.
Any income, proceeds or property received, directly or indirectly, from property owned by either Party before the execution of this Agreement
 
 
5.
An increase in value, appreciation or gain during the marriage of any property owned by either Party before the execution of this Agreement
 
 
6.
Any property acquired by a Party through an inheritance
 
 
7.
Any award or settlement received as a result of a lawsuit or other court proceeding before the execution of the Agreement
 
 
8.
Any award or settlement received as a result of a lawsuit or other court proceeding after the execution of the Agreement
 
 
9.
Proceeds from an insurance policy received before the execution of the Agreement
 
 
10.
Proceeds from an insurance policy received after the execution of the Agreement
 
 
11.
Any gambling or lottery winnings received by either Party before the execution of the Agreement
 
 
12.
Any gambling or lottery winnings received by either Party after the execution of the Agreement
 
 
13.
Earnings, salary, wages, bonuses or commissions received or earned before the execution of the Agreement
 
 
14.
Earnings, salary, wages, bonuses or commissions received or earned after the execution of the Agreement
 
 
15.
Any savings and earnings from that savings aggregated or earned before the execution of the Agreement
 
 
16.
Any savings and earnings from that savings aggregated or earned after the execution of the Agreement
 
 
17.
Any commingled property, including the commingled Separate Property of each Party, or any Separate Property that is commingled with Shared Property
 
 
18.
The Parties marital residence and any additional homes
 
 
19.
Other:
 
 
B.   Default Designation.  The Parties hereby agree that if it becomes necessary to determine the ownership of a piece of property because of the Parties separation, or because of the death of one of the Parties, that property will be treated as (check the appropriate box):
? Separate Property unless there is clear and convincing proof of Shared Property.
? Shared Property unless there is clear and convincing proof of Separate Property.
IV.   ALIMONY, SUPPORT, AND MAINTENANCE.
A.   Generally. The Parties acknowledge that (select all appropriate boxes):
 
?    ______________________ will be the main provider and wish to establish a claim for alimony, spousal support or separate maintenance for the other Party in the form of: 
?    one lump sum payment of $____________________
?    monthly payments of $_______________________
?    property satisfaction of _______________________
?    other:______________________________________
 
?   The Parties possess sufficient education and job skills to adequately provide for their own support and waive any claim to alimony, spousal support or separate maintenance.  
 
?   Other: __________________________________________,
 
However, to the extent that any such waivers of alimony, spousal support or separate maintenance will cause one Party to become eligible for public assistance, that waiver will be modified to eliminate that eligibility.
 
B.   Exceptions.  The provisions providing for alimony, spousal support or separate maintenance, or the waiver of those amounts detailed in IV.A above will not apply if one or more of the following events occurs (select all appropriate boxes):
 
a.   ? One of the Parties suffers a medical disability and the other Party is both employed and physically able, in which case the disabled Party may receive reasonable spousal support consistent with state law until the disability is concluded, or until the other Party retires or becomes disabled from working, either by agreement or by judicial determination.
 
b.   ? The Parties mutually agree that one of the Parties will reduce his or her work hours and his/her employability or career prospects are negatively impacted by this withdrawal.  In which case, that Party may receive reasonable remedial spousal support consistent with state law for a period of not more than __________ years.
 
c.   ? The Parties mutually agree that one of the Parties will not work in order to care for any children born during the marriage and such Partys employability or career prospects are negatively impacted by this withdrawal. In which case, that Party may receive reasonable remedial spousal support consistent with state law for a period of not more than __________ years.
 
d.   ? The Parties mutually agree that one of the Parties increases his/her work hours in order to support the other Partys continued schooling. In which case, the supporting party shall receive____________________________.
 
e.   ? Other (describe in detail): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
V.   WILLS AND OTHER TRANSFERS OF PROPERTY
Nothing contained in this Agreement shall be considered a waiver of any bequest or devise that one Party may choose to make to the other Party by way of will or codicil, or by way of any gift, grant, or conveyance from one Party to the other Party.
 
VI.   ADDITIONAL CLAUSES.
(Insert any additional agreements between you and your partner): __________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
VII.   MISCELLANEOUS.
A.   Successors and Assigns.  This Agreement shall be binding and inure to the benefit of the parties, their successors, assigns, and legal representatives.
B.   Amendment; Revocation.  This Agreement may be amended or revoked only by written agreement signed by both Parties.
C.   Governing Law.  Without regard to the location of any property affected by this agreement, this Agreement shall be interpreted and enforced under the laws of the State of _______________________________.  
D.   Severability.  In the event that any portion of this Agreement shall be held invalid or unenforceable, it is the intent of the parties that all provisions of this Agreement be regarded as separable, and that all remaining provisions remain in full force and effect. It is further the desire of the parties that all provisions of this Agreement be considered as evidence of their intentions by any court, arbitrator, mediator, or other authority that seeks to divide their estate, and that their intentions be respected whatever the legal status of this Agreement or any of its terms.
E.   Paragraph Headings.  The headings of particular paragraphs and subparagraphs are inserted only for convenience and are not part of this Agreement and do not limit the scope of the paragraph or subparagraph to which the heading refers.
F.   Entire Agreement.  This Agreement and the exhibits attached hereto contain the entire agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
 
HUSBAND
 
                  
Signature
                  
Print Name
WIFE
 
                  
Signature
                  
Print Name
 
 
 
WITNESS
 
                  
Signature
                  
Print Name
WITNESS
 
                  
Signature
                  
Print Name
 
 
 
State of                )
) SS
County of __________________________   )
 
 
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT ______________________________________________________________ personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that ________________ signed, sealed and delivered the said instrument as his/her/their free and voluntary act, for the uses and purposes therein set forth.
 
Given under my hand and notarial seal, this __________ day of ____________, 20____.
 
 
_______________________________
Signature of Notary Public
 
(Seal)
_______________________________
Printed Name of Notary
 
My commission expires on ______________________________, 20____.
SCHEDULE A
Separate Property and Financial Disclosure of Husband: ____________________________
(To be completed by Husband)
 
a.   List all assets claimed as Separate Property:
 
 
 
 
 
 
 
 
b.   List all debts:
 
 
 
 
c.   Annual Income: $__________________________________________
 
d.   The total value of all of husbands assets is approximately: $______________.
SCHEDULE B
Separate Property and Financial Disclosure of Wife: ____________________________
(To be completed by Wife)
 
 
e.   List all assets claimed as Separate Property:
 
 
 
 
 
 
 
 
f.   List all debts:
 
 
 
 
g.   Annual Income: $___________________________________________
 
h.   The total value of all of wifes assets is approximately: $______________.
 

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So far i've just printed out the forms , but it seems that they every legal inquiry. And very inexpensive! Even if you are planing to reach an attorney after all it is still worth getting it for your own knowledge before u meet an attorney.


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