Take advantage of our free Postnuptial Agreement template to create your legal document in minutes. Control what happens to your assets and finances in case you and your spouse legally separate.
Last Update November 27th, 2023
- What Is a Postnuptial Agreement
- What to Include in a Postnuptial Agreement
- How to Make a Postnuptial Agreement Legally Binding
- How Do You Write a Postnuptial Agreement
- Postnuptial Agreement Sample
- FAQs About Postnup Agreements
What Is a Postnuptial Agreement
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:
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
U.S. Virgin Islands
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||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.|
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:
How separate and joint property will be divided
How debts and taxes will be managed
If any economic or non-economic support will be given to a spouse
It’s also important for each spouse to add their full financial details, such as their assets and debt, within the contract.
It’s also essential to know what cannot be included in a Postnuptial Agreement.
Certain states do not allow these agreements to contain anything regarding child support or custody arrangements.
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 Do You 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.
Add the information of each spouse: Write the names of each spouse and contact information, including your address.
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.
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.
Specify property in case of divorce: Mention that each party will agree not to claim any separate property that belongs to the other spouse.
Reference earnings: Mention the earnings of each spouse that are owned separately and together.
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.
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.
Reference children from the marriage: Specify a child’s right to receive support from one or both parents.
Add what happens in case of death: Write that all claims and rights by the other party will be waived at death.
Specify the governing law: Mention the state that the Postnuptial Agreement will be created in and whose laws will be governing the document.
Add any additional information: Include any specific details you or your spouse wish to mention.
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.
Easily draft your agreement and avoid the risk of making a mistake with our Postnuptial Agreement template.
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.
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.
How to Get a Postnuptial Agreement?
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.
By downloading the template, you can have your agreement in minutes for a fraction of the cost.
Who Needs a Postnup?
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.
Can You Write Your Own Postnuptial 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.
How Much Does a Postnup Cost?
Various factors play into how much a Postnuptial Agreement costs. Postnuptial Agreements can easily cost over $1,000 in lawyer fees.
To avoid those excessive charges, you can download our easy-to-use template.
With our Postnuptial Agreement template, you can create your document and avoid having to pay a lawyer excessive fees.