Postnuptial Agreement

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Bahman Eslamboly

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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

Postnuptial Agreement

Product Details

Product Postnuptial Agreement
Country United States
Pages 13
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Adobe PDF
WordPerfect
Rich Text Format
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category Postnuptial Agreements
Product number #28045
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

Postnuptial Agreement FAQ

What is a Postnuptial Agreement?

Similar to a Prenuptial Agreement, a Postnuptial Agreement (also known as a “Post-Marital Agreement”) is an arrangement between two spouses regarding the establishment of their property and what should happen to it in the event of a divorce. The key difference between a Prenuptial and Postnuptial Agreement is contained within their names: the Postnuptial Agreement takes place after the wedding.

Many people are familiar with Prenuptial Agreements but forget that Postnuptial Agreements can be similarly beneficial for two spouses who have difficulty defining their boundaries and understanding which property belongs to whom. A Postnuptial Agreement helps establish these boundaries and is, therefore, particularly useful in divorce proceedings.

What are the benefits of a Postnuptial Agreement?

The benefits of a Postnuptial Agreement are primarily in the holding and maintaining of property, as well as defining which property belongs to whom. For example, a major asset such as a house may be part of a Postnuptial Agreement simply because it is such a point of contention, and one spouse might choose to keep the property separate from the union of marriage. Postnuptial Agreements typically “come in handy,” so to speak, during divorce proceedings in which property ownership needs to be established.

Typically, those with a lot of property and assets stand to benefit most from a Postnuptial Agreement; however, people of all income and property wealth can use them.

Additionally, in the loosest sense of the term, a “Postnuptial Agreement” can refer to any inter-spousal written agreement that takes place between a couple, though for the purposes of this FAQ we are generally referring to those agreements that establish and define property and assets.

Is a Postnuptial Agreement really worth the hassle?

That’s up for each couple to decide, but some couples actually find that setting clear boundaries in their marriage – even after the wedding has taken place – actually helps them to lessen the tension between each other. Other couples may find the opposite. Additionally, a Postnuptial Agreement is really very little hassle if both spouses are on the same page. Ultimately, the decision on whether or not a Postnuptial Agreement is worth “the hassle” is really up to each individual couple.

Which is better to have: a Prenuptial Agreement or a Postnuptial Agreement?

It really depends on a number of factors. For example, if a couple with a Postnuptial Agreement gets divorced and one spouse ends up with more property, then the Postnuptial Agreement might have “worked” just as well for one spouse as it didn’t “work” for the other. Additionally, some Postnuptial Agreements may be better written than Prenuptial Agreements. Generally, it is best to define property as soon as possible – and this means before the marriage – but this is no reason that you should not pursue a Postnuptial Agreement while you believe you should and you still have ample opportunity to do so.

I’m thinking of getting a divorce. Can a Postnuptial Agreement still help me out?

Aside from the obvious issue of getting a spouse to agree to a Postnuptial Agreement during marital tensions, the simple fact is that Postnuptial Agreements with an intent to divorce hold up less in court than regular Postnuptial Agreements. This means that if you’re facing divorce, you may have little recourse other than to tackle the divorce head-on if you want to keep your property.

Can my spouse and I use both Pre- and Postnuptial Agreements?

Yes, there’s nothing stopping you from using both agreements. You can also amend your agreements throughout your marriage, provided that any such amendment doesn’t actually coincide with the intent to divorce. Many courts may throw out such agreements in divorce proceedings as these agreements are often looking to manipulate the legal system in some way. But you should not feel restricted in your use of these agreements provided they occur before or during the marriage without intent to divorce.

What issues are exactly covered in a Postnuptial Agreement?

Similar to the issues handled in a Prenuptial Agreement, you’ll typically tackle the following issues in a Postnuptial Agreement:

  • The division and ownership of property held by either spouse.
  • The division and ownership of debts held by either spouse.
  • Spousal support (often this lays out the roles of each spouse as well as any type of financial support that is provided between the two).
  • The inheritance of property, though this issue is one that can be complicated by other estate planning arrangements.

These issues might also be tackled in a Prenuptial Agreement, given the similarities between the two types of arrangements.

What kinds of people are exempted from Postnuptial Agreements?

Aside from the obvious (two people who are not married and therefore cannot possibly make a postnuptial agreement), a Postnuptial Agreement may also be rendered void or thrown out of court if there is intent to divorce present when the agreement is made.

When is a Postnuptial Agreement enforceable?

A Postnuptial Agreement is enforceable generally from when it is signed, and it will continue to be enforceable through a divorce should the couple that signed the agreement ever get divorced. It may, however, not be enforced upon by a divorce case in which the courts throw out the Postnuptial Agreement because it was deemed to be an agreement made with an intent to divorce, which can complicate matters significantly.

What are the requirements for a Postnuptial Agreement to be valid?

The couple making the arrangement should be married and not planning to divorce. Other typical requirements of contracts (the age of those consenting, the mental capacity of the signees, etc.) also apply to these contracts. Otherwise, Postnuptial Agreements provide plenty of flexibility and latitude as long as both sides agree to the arrangement presented therein.

When is a Postnuptial Agreement effective?

The Postnuptial Agreement is effective as soon as it is validly signed, and will continue to be effective during divorce proceedings. It can be changed with a divorce settlement signed by the two parties, which means its effectiveness often only lasts as long as at least one of the signers is not willing to change it.

Is This Form Right For You?

Use This Form If:

  • Individuals who did not establish a prenuptial agreement before marriage may find a postnuptial agreement beneficial for outlining their financial rights and responsibilities. This can provide clarity and security regarding asset division in the event of a divorce or death.
  • Couples experiencing significant changes in their financial situation, such as a new job or receiving an inheritance, might consider a postnuptial agreement to adjust their financial arrangements. This ensures that both parties are on the same page regarding their assets and liabilities.
  • In situations where one spouse has a business or significant investments, a postnuptial agreement can protect those assets from being divided in a divorce. This allows the business owner to maintain control over their enterprise while still addressing the financial needs of both spouses.
  • For couples who have children from previous relationships, a postnuptial agreement can help clarify how assets will be distributed among children and spouses. This can prevent potential disputes and ensure that the interests of all parties are considered.
  • Married couples looking to avoid the default state laws regarding asset division may opt for a postnuptial agreement. This proactive measure allows them to create a tailored plan that reflects their unique circumstances and preferences.

Do Not Use If:

  • – This form is not appropriate for couples who are in the process of divorce. In such cases, a divorce settlement agreement would be more suitable to address the division of assets and responsibilities.
  • – If one spouse is under duress or coercion when signing the postnuptial agreement, it may not be enforceable. Both parties must enter into the agreement voluntarily and with a clear understanding of its terms.
  • – Couples who have significant discrepancies in their financial literacy or bargaining power may find a postnuptial agreement ineffective. It is crucial that both spouses fully understand the implications of the agreement.
  • – In situations where one spouse is not fully transparent about their financial situation, a postnuptial agreement may not accurately reflect the couple's true financial landscape. Full financial disclosure is essential for the agreement's validity.
  • – For couples who have already established a prenuptial agreement, a postnuptial agreement may not be necessary unless there are significant changes in circumstances that warrant a revision of the original terms.

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