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Free Postnuptial Agreement Template

A Postnuptial Agreement is a legal document created after marriage that details the division of assets and financial responsibilities. It outlines property ownership and debt obligations to protect both spouses’ interests in the event of legal separation or divorce.

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Reviewed by John Roach, Esq.
Last Update April 23, 2026
Also Known As
PostnupPostnup AgreementPostmarital Agreement

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What Is a Postnuptial Agreement?Postnuptial Agreement SamplePostnuptial Agreement vs. Prenuptial AgreementWhat To Include in a Postnuptial AgreementHow To Make a Postnuptial Agreement Legally BindingHow To Write a Postnuptial AgreementPostnuptial Agreement Laws by StateRelated Personal and Family DocumentsFAQs About Postnup Agreements

What Is a Postnuptial Agreement?

A Postnuptial Agreement, also known as a post-marital agreement, is a legal contract between spouses that is signed after the marriage has already commenced. A Postnuptial Agreement determines how assets are separated in the event of divorce.

The agreement may also cover 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.

Create your document with lawdistrict’s free Postnuptial Agreement template.

When To Use a Postnuptial Agreement

A Post-Marital Agreement can be very beneficial when certain financial and personal circumstances change, such as:

  • Purchasing new assets: You can use a Postnup Agreement when receiving a large inheritance or gift, and keep it as separate property.
  • Starting a business: Draw up this agreement to make sure the company remains under your control if the marriage ends.
  • Protecting children: This document helps establish inheritance rights for children from a previous relationship.
  • Incurring debt: Use a Postnuptial Agreement to protect yourself from significant liabilities taken on by the other spouse.
  • Replacing a prenup: If you didn't create a prenuptial agreement before the wedding, you can use this document to establish responsibilities and ownership.

Postnuptial Agreement Sample

To further help guide you through the process of creating your Postnuptial Agreement, we have included an example of the document.

Review the sample Postnuptial Agreement below to understand how to structure your contract fully.

Postnuptial Agreement Sample
Get a Postnuptial Agreement
PDFWORD

Postnuptial Agreement vs. Prenuptial Agreement

If you are planning marriage now or in the future, depending on your situation, it may be better for you to use a Postnup instead of a Prenup.

Here’s a breakdown of what each agreement can and cannot do:

Postnuptial Agreement Prenuptial Agreement
Can be created and signed at any time after marriage, provided divorce proceedings have not already begun. Must be executed before the wedding. Ideally, signed weeks in advance to prevent claims of pressure or extortion.
Addresses changes in circumstances, such as starting a new business or settling financial disputes during the marriage. Protects your pre-marital assets, inheritances, and sets financial ground rules before the legal union begins.
Courts review Post-Marital Agreements strictly for fairness because spouses owe each other a “fiduciary duty”. These agreements are generally easier to enforce because the parties are viewed as separate individuals negotiating.
Provisions for future child custody arrangements or support are often not enforceable. Cannot legally determine child custody or support, as courts always decide based on the “best interests of the child.”

What To Include in a Postnuptial Agreement

To create a valid Postnuptial Agreement and ensure you protect your assets and more, it is essential to avoid leaving out any key information.

Typically, the agreement contains details such as how certain finances and property will be divided and the responsibilities each spouse would have in the event of separation.

In general, a Postnuptial Agreement will contain the following:

  • Debts: Defines who is liable for specific financial obligations, such as loans or credit card balances.
  • Alimony: Mentions the terms of spousal support, including payment amounts and duration. Or alimony establishes that no support will be paid if the marriage ends.
  • Death benefits: Outlines beneficiary rights for life insurance policies and the distribution of estate assets.
  • Assets: Classifies real estate, bank accounts, and personal property as either marital or separate property to confirm ownership rights.

Matters of inheritance may also be prohibited, depending on the state.

What Assets Can Be Divided in a Postnuptial Agreement?

By creating a Postnuptial Agreement, you can ensure that your separate property and assets remain yours and joint assets are split how you and your spouse agree.

Shared assets that can be divided between you and your spouse include:

  • Real estate that was bought during the matrimony
  • Savings for retirement
  • Stocks bought during the matrimony

How To Make a Postnuptial Agreement Legally Binding

To ensure that your Postnuptial Agreement will be considered legally valid, you’ll need to follow specific requirements, which may change depending on your state.

In general, you will need to meet the following requirements to create a legally binding Postnuptial Agreement:

  • Create a written document: The document should be in writing, following state laws and guidelines. Spoken agreements will not be considered binding.
  • Create a fair agreement: The agreement cannot be unfair towards one spouse.
  • Disclose all financial information: Each party must include all information regarding assets, income, and liabilities, such as debt. Withholding any information may void the Postnup.
  • Sign willingly: Each spouse must provide their signature willingly.
  • Follow state laws: Review the signing requirements and what is allowed to be included in a Postnuptial Agreement in your state.

Depending on your state’s laws, the agreement may need to be signed in front of a notary public.

How To Write a Postnuptial Agreement

By creating a well-written contract, you can avoid potential legal or financial problems in the event of a divorce.

To correctly write your Postnuptial Agreement, you will need to follow the steps below and include all essential information.

  1. Add the information of each spouse: Write the names of each spouse and contact information, including your address.
  2. List your separate and shared assets: Include separate and shared assets that were acquired before and during marriage, and who has rights to those assets, with full and complete disclosure.
  3. Add a section regarding legal disability: Write how each party will waive any right to serve as conservator of the person or property of the other spouse.
  4. Specify property in case of divorce: Mention that each party will agree not to claim any separate property that belongs to the other spouse.
  5. Reference earnings: Mention the earnings of each spouse that are owned separately and together.
  6. Mention what will happen to gifts: State that nothing in the document will constitute a waiver if one spouse makes a gift to the other.
  7. Add fiduciary duties: Mention that a spouse will fulfill fiduciary duties, such as an attorney-in-fact or executor trustee, if they are designated as such after the signing of the Postnuptial Agreement.
  8. Reference children from the marriage: Specify a child’s right to receive support from one or both parents.
  9. Add what happens in case of death: Write that all claims and rights by the other party will be waived at death.
  10. Specify the governing law: Mention the state in which the Postnuptial Agreement will be created, and whose laws will govern the document.
  11. Add any additional information: Include any specific details you or your spouse wishes to mention.
  12. Include witnesses and signatures: Add a section for the signatures of each spouse, witnesses, and a notary acknowledgment.

Certain states also allow for decisions regarding child support and inheritance to be included in the Postnuptial Agreement.

Keep in mind that before signing, you should review the signing requirements in your state and what is allowed to be included in a Postnuptial Agreement.

In many states, both sides are required to have a lawyer represent them in the process (unlike most prenuptial agreements, which usually do not require lawyer assistance, although it is highly recommended).

Additionally, in many states, if either spouse files for divorce within a period of time shortly after the signing of the Postnuptial Agreement, the agreement is deemed invalid. This period is often two years from the date of signing the Postnuptial Agreement

Easily draft your agreement and avoid the risk of making a mistake with our Postnuptial Agreement template.

Note: While we ensure quality and compliance, our service complements but does not replace the personalized counsel of a dedicated lawyer. Pay close attention to your state’s laws to determine whether you are required to have the assistance of an attorney in finalizing the postnuptial agreement.

Postnuptial Agreement Laws by 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.

State State law codes
Alabama §30-4-1
Alaska §25.15.100
Arizona §14-2207
Arkansas §9-11-503
California §721
Colorado §14-2-208
Connecticut §46b-36
Delaware §311
District of Columbia §46-601
Florida §732.702
Georgia §19-3-10
Hawaii §572-22
Idaho §32-904
Illinois Chapter 750, Act 65
Indiana §31-11-7-1
Iowa §597.1
Kansas §23-2602
Kentucky §404.020
Louisiana Title VI, Chapter 1, Art. 2325
Maine §801
Maryland §4-204
Massachusetts Chapter 209, §2
Michigan §557.23
Minnesota §519.11
Mississippi §93-3-1
Missouri §451.220
Montana §40-2-301
Nebraska §42-201
Nevada §123.010
New Hampshire §460:1
New Jersey §37:2-5
New Mexico §40-2-2
New York Chapter 14, Article 4, §50
North Carolina §52-2
North Dakota §14-07-05
Oklahoma §43-204
Oregon §108.010
Pennsylvania §3104
Rhode Island §15-4-3
South Carolina §20-5-10
South Dakota §25-2-10
Tennessee §36-3-504
Texas §3.410
Utah §30-2-2
Vermont 15 V.S.A. §61
Virginia §20-155
Washington RCW 26.16.120
West Virginia §48-29-101
Wisconsin §766.01(12)
Wyoming §20-1-201

Related Personal and Family Documents

Certain legal forms and contracts can help you in similar circumstances regarding agreements with your spouse.

By reviewing and using the legal documents below, you can solve any current or future legal situations that may arise concerning your marriage and family.

FAQs About Postnup Agreements

It is normal to have lingering doubts and questions regarding the Postnup Agreement creation process.

For this reason, we have added answers to the most common queries on the subject.

Review the answers below to clear up any doubts you may have regarding how to create your document, cost, and more.

There are a few common ways to get a Postnuptial Agreement. The most obvious is to go to a lawyer. However, this method may be very costly and time-consuming.

To save yourself time and money, you can use our Postnuptial Agreement template to draft the document yourself. Our documents offer a reliable foundation, empowering you to handle common legal matters with ease.

It is completely optional to create a Postnuptial Agreement when two people get married. However, certain spouses may need to create an agreement more than others.

A spouse with many separate assets, such as one who owned a business before marriage, may want to protect that asset.

A spouse with different real estate properties that were acquired before marriage may also benefit from a Postnup Agreement.

A couple’s circumstances change significantly from the time of signing a prenuptial agreement, and they wish to reflect these changes in an updated agreement.

It is possible to create your own Postnuptial Agreement without the need to hire a lawyer. It would also be beneficial to do so, that way you can avoid excessive legal fees.

By simply coming to an agreement over the division of your assets with your spouse and downloading a valid legal template, you can easily write your agreement.

Various factors play into how much a Postnuptial Agreement costs. Postnuptial Agreements can easily cost over $1,000 in lawyer fees.

Our service offers specialized advice and complements but does not replace the personalized counsel of a dedicated lawyer.

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 Divorce Agreement
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. Created during the separation process. Splits property, assets, and liabilities. A judge will then need to approve the agreement.

Preview of your Postnuptial Agreement

POSTNUPTIAL AGREEMENT
THIS POSTNUPTIAL AGREEMENT (the "Agreement") MADE ON THIS _____ day of ______________, 20___
BETWEEN:

_________

- AND -

_________

of _________
BACKGROUND

A) This Agreement is made between _________ and _________ (together the "Parties" and separately a "Party") who have the intention to marry each other in the near future.
B) The Parties intend for this Agreement to come into effect upon execution by both Parties.

C) The Parties wish to enter into this Agreement voluntarily to provide for the ownership and division of properties, income, estate, and financial obligations between them, including property that will be owned or acquired by either or both of them.
D) As a result of the relationship, the Parties wish to establish their respective rights and responsibilities that may result from it.

E) The Parties express their intent for the distribution of any property that either or both of them may own will be governed by the terms of this Agreement. To the extent permitted by statutory or case law, the Parties specifically intend that any applicable statutes, either under Federal or State legislation, will not apply to them.

F) The Parties agree that they have been provided with at least seven days to review this Agreement.

G) The Parties also agree that they have had an opportunity to hire their own lawyer and receive independent legal advice with respect to the terms of this Agreement.
H) The Parties have disclosed to their satisfaction all assets and liabilities that each may have, and voluntarily and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided.

I) Each Party agrees and affirms THAT:
         a) The Parties did execute this Agreement voluntarily;
         b) This Agreement was not unconscionable when it was executed;
         c) Prior to the execution of this Agreement, both Parties have disclosed to their satisfaction all property or financial obligations of the other Party;
         d) They have full knowledge of all the facts and circumstances pertinent to the property or financial obligations of the other Party;
         e) The Parties have entered into this Agreement freely and under no duress or undue influence on their decision by the other Party;
         f) The Parties acknowledge that this Agreement shall continue to be effective even upon termination of marriage whether by death, divorce, or otherwise.

THEREFORE, in consideration of the upcoming marriage, and the mutual commitments and promises contained in this Agreement, the Parties agree as follows:
OWNERSHIP OF PROPERTY

1) The Parties agree that this Agreement will determine the ownership of the property upon the death of a party or if the Parties separate.
2) Except as otherwise provided in this Agreement, all property will be treated as owned exclusively by either one of the Parties (the "Separate Ownership"), except where:
         a) it is Joint Ownership; or
         b) there is proof of shared legal ownership.

3) Nothing contained in this Agreement shall preclude the Parties from making gifts to the other during their lifetime, at their death, or for benefit of the other party.

4) Unless a Party can reasonably show that they exclusively own a piece of property, where either Party commingles jointly owned property with Separate Ownership, any commingled property will be presumed to be Joint Ownership.
DEBTS

5) The Parties acknowledge that this Agreement shall determine the responsibility of any debt that may occur upon the death of a party or if the Parties separate.
6) All debts jointly acquired, whenever acquired, will be treated as joint debts (the "Joint Debts") and owed by both Parties.

7) Except as stated elsewhere in this Agreement, all debts shall be considered as debts owed exclusively by either one of the Parties (the "Separate Debts"), except in the following circumstances:

         a) it is Joint Debt; or
         b) there is proof of shared legal responsibility between the Parties.
MARITAL OWNERSHIP RELEASE

8) The Parties agree that they are aware of the community ownership laws of the State of California, and that they have the intention to not apply the community ownership laws to the ownership and division of their property, either jointly or separately owned, nor to their future property, and the Parties further agree that it is their intention by the terms of this Agreement to contract out of the community ownership of the State of California, and to make full disclosure of all of their properties, income, estate, and financial obligations previously and presently owned by either of the Parties or to be acquired by either of the Parties in the future.

DOWER, CURTESY AND HOMESTEAD RELEASE

9) The Parties waive all dower, curtesy, and homestead rights under any statute of the State of California, or any other jurisdiction, that each would have in and to the property in the name of the other, or on their behalf jointly or as tenants in common, except for this Agreement.
SUPPORT
SEVERABILITY

10) If any court of law finds invalid, unenforceable, or void any clause of this Agreement, such decision will not have the effect of invalidating or voiding the remainder of this Agreement, and The Parties agree that the section so held to be invalid, unenforceable, or void, will be deemed amended only to the extent required for purposes of validity and enforcement in the jurisdiction of such decision.

GOOD FAITH

11) The Parties create a fiduciary relationship through this Agreement, in which each Party agrees to act with the utmost good faith and fair dealing toward the other Party in all aspects of this Agreement.

FURTHER DOCUMENTATION

12) The Parties agree to attach such additional documentation as is reasonably necessary to give full force and effect to each term of this Agreement.

ENUREMENT

13) This Agreement will inure to the benefit of the Parties, their respective heirs, executors, administrators and assigns and will be binding.

GOVERNING LAW

14) This Postnuptial Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside, will be governed by the law of the State of California.

TERMINATION OR AMENDMENT

15) The amendment of this Agreement can only be carried out in writing and signed by each of the parties. Their attorneys-in-­fact and other legal representatives are not allowed to amend it.

ENTIRE AGREEMENT

16) The Agreement constitutes the entire arrangement and understanding between the Parties and replaces all prior communications, contracts, or agreements between these Parties regarding the subject matter of this Agreement, whether oral or written.
THE PARTIES HERETO HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED ON THE ________ DAY OF ________________, ________.

____________________________________
_________

____________________________________
_________
CERTIFICATE OF INDEPENDENT LEGAL ADVICE

The State of California
County of _________________
I, _________________________, of the City of ___________________, in the State of California, Attorney, DO HEREBY CERTIFY:

THAT I was consulted this day in my professional capacity by _________, named in the document, being a Postnuptial Agreement, separate and apart from _________. I inquired as to _________'s legal rights and responsibilities under the terms and conditions of this Agreement, and I acted exclusively for _________, fully explaining to _________ the spirit and consequence of said Postnuptial Agreement. _________ executed it in my presence, and acknowledged that they were executing it of their own free will and without any influence from _________, or any other person.

DATED at the City of ___________________, in the State of California, this _____ day of ______________, 20___.
____________________________________
ATTORNEY
Printed Name: ________________________
CERTIFICATE OF INDEPENDENT LEGAL ADVICE

The State of California
County of _________________
I, _________________________, of the City of ___________________, in the State of California, Attorney, DO HEREBY CERTIFY:

THAT I was consulted this day in my professional capacity by _________, named in the document, being a Postnuptial Agreement, separate and apart from _________. I inquired as to _________'s legal rights and responsibilities under the terms and conditions of this Agreement, and I acted exclusively for _________, fully explaining to _________ the spirit and consequence of said Postnuptial Agreement. _________ executed it in my presence, and acknowledged that they were executing it of their own free will and without any influence from _________, or any other person.

DATED at the City of ___________________, in the State of California, this _____ day of ______________, 20___.
____________________________________
ATTORNEY
Printed Name: ________________________
CERTIFICATE OF ACKNOWLEDGMENT

The State of California
County of _________________

On the _____ day of _____________________ in the year ________, before me, __________________________, personally appeared _________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged that he/she executed the same in his/her capacity, and that by his/her signature of the instrument, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
NOTARY PUBLIC
Print Name:_________________
My Commission Expires:
________________________
CERTIFICATE OF ACKNOWLEDGMENT

The State of California
County of _________________

On the _____ day of _____________________ in the year ________, before me, __________________________, personally appeared _________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged that he/she executed the same in his/her capacity, and that by his/her signature of the instrument, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
NOTARY PUBLIC
Print Name:_________________
My Commission Expires:
________________________
Special Notes on Postnuptial Agreements governed by the State of California

The State of California has chosen to adopt the Uniform Premarital Agreement Act (UPAA).This statute was created to standardize the requirements of postnuptial agreements between states. As such, this Agreement has been worded based on the notion subscribed to by the UPAA that postnuptial agreements should be entered into voluntarily and with full knowledge of all of the facts and circumstances pertinent to it. Also, The Parties acknowledge that they have made full disclosure of all of their properties, income, estate, and financial obligations.

Signing the Postnuptial Agreement in front of your lawyer and receiving a Certificate of Independent Legal Advice from your lawyer is the best option. Alternatively, at least one of the Parties must receive independent legal advice and the other party must sign a "Waiver of Independent Legal Advice" in front of a Notary Public. In addition, The other party’s lawyer must send a written explanation of the effect of the Agreement to the Party that is waiving legal advice.
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