A Postnuptial Agreement is a legal contract between spouses that determines how assets are separated in the event of divorce. The agreement may also go over topics such as financial support.
The legally binding document works similarly to a Prenuptial Agreement. The main difference between the two is the moment the document is signed.
A Prenup is created before the marriage becomes official. A Postnuptial Agreement, on the other hand, is created and signed after marriage.
A Postnuptial Agreement can also be called a:
- Postnup.
- Postnup Agreement.
- Postmarital Agreement.
Create your document with ease with LawDistrict’s free Postnuptial Agreement template
Where to Use a Postnuptial Agreement
You may be wondering, “is a Postnuptial Agreement legally binding in my state?”
You will be able to create and use the agreement in practically any location in the United States or a U.S. territory.
Postnuptial Agreements are legally recognized in the following locations:
- All 50 U.S. states.
- Washington D.C.
- U.S. Virgin Islands.
- Guam.
Review your state’s laws and requirements regarding what can be included and how to formalize the agreement.
Postnuptial Agreement vs. Divorce Agreement
A Postnuptial Agreement is written similarly to a Divorce Agreement, however, the two documents have different functions.
Briefly review how Postnuptial Agreements and Divorce Agreements work.
Postnuptial Agreement
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Divorce Agreement
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Created before any type of separation. Plans the division of assets,
property, and outlines any support that will be given in the event of
separation.
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Created during the separation process. Splits property, assets, and
liabilities. A judge will then need to approve the agreement.
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