If you need to write a postnuptial agreement letter, you have probably looked at everything from a do it yourself post or a nuptial agreement to try and figure out what needs to be in your post nuptial agreement example. Postnuptial agreement forms and postnuptial agreement samples can offer some insight into the things that need to be included in the document that you draft.
If you have been struggling to write this important document, you need to be sure that you know what all needs to be included in it so that it can serve its purpose. You will find that postnuptial agreements can have a very important place in managing marital relationships and any kind of legal necessities that need to be handled if a marriage should end in divorce or death. Both partners need to be able to agree on the details of the document in question, or it cannot be used for the stated purpose of this document.
Download for Word Table of Contents
- 1 Post Nuptial Agreement Templates
- 2 What does a post nuptial agreement do?
- 3 Post Nuptial Agreement Samples
- 4 Is a postnuptial agreement a good idea?
- 5 Are postnuptial agreements legally binding?
- 6 What cannot be included in a postnuptial agreement?
- 7 Postnuptial Agreement Forms
- 8 How to write a postnuptial agreement
- 9 Postnuptials Can be Necessary for Assets Involved in Any Marriage
Post Nuptial Agreement Templates
What does a post nuptial agreement do?
This agreement is also known as a postnup, and it is a legal contract that is made after two people get married. This is a lot like a prenup, and it also sets up the financial rights and responsibilities of each of the parties if one of the married people should divorce or die, or if the relationship should end in separation or annulment. Both partners need to be in agreement about the details of the document, and this document cannot be signed if there is no agreement between the two spouses.
You can never pay your spouse to sign a postnup or, for that matter, a prenup. This is one of the protections that need to surround these documents so that they can be used for the stated intention. Protections assigned by prenups and postnups can be very helpful if a relationship ends in some unexpected way.
For many people, the reason that a postnup is necessary is because of businesses, assets, retirement funds, and other items that you do not want to include in a divorce settlement or that you do not want to be automatically left to a spouse. This can be due to family relationships with the property in question, an attempt to protect personal assets, or other personal reasons.
Post Nuptial Agreement Samples
Is a postnuptial agreement a good idea?
This can be a really good idea if you are worried about assets or other valuables that you do not want to be part of any divorce or estate. This might not always be the best solution for every couple, and not every married couple will need to sign this kind of document. This might not be necessary as well if you do not come into a marriage with a lot of valuables. Your spouse might not want to have the responsibility for these added assets, but there are instances where you might need to protect some of your assets from being altered or sold, or removed from family control due to a divorce.
Are postnuptial agreements legally binding?
Postnuptial agreements are legally binding. This is why you cannot force anyone to sign one of these documents. Both parties need to agree on the details of the postnuptial since it is a contract that cannot be broken unless both parties choose to remove the postnuptial from consideration. This is one of the documents that you might want to have looked at by a legal expert just to be sure that the contract is written correctly. Postnuptial agreement templates can be written by anyone, but they might need to be double-checked by someone with lots of legal expertise on the matter.
What cannot be included in a postnuptial agreement?
These agreements cannot include physical arrangements, family matters, child care or child support, spousal support, or even employment. There are other documents that govern these other interactions and legal relationships, and you cannot make the postnup handle all of these other needs at the same time as the things that it is really intended to take care of.
Many people get confused about what postnuptial and prenuptial agreements can include because it might seem like all the possible details related to the marriage that is ending must be dealt with in the postnup. Postnuptial agreements might happen after the wedding has been completed, but that does not mean that you can include lots of additional considerations that are not financial in nature in them.
Postnuptial Agreement Forms
How to write a postnuptial agreement
The information that is included in your postnuptial agreement must include all the details about the two parties involved in the marriage as well as the various financial limitations that are being imparted via the agreement.
- First Party Information. You will need to indicate the first spouse in this section with their full legal name as well as their address and phone number.
- Second Party Information. You will need to indicate the second spouse by full legal name as well as including their phone number and address.
- Date of the Marriage. The date of the marriage needs to be on this document as well as the city where the couple was married. You might also want to indicate the county where the marriage was recognized and is on record.
- Existing Children. If the couple comes into a matrimonial relationship with children, these kids will need to be listed in this part of the document. This will also need to state the number of children as well as whether or not they are from previous relationships and might have different custodial relationships with other parents.
- Full Financial Disclosure. This is the most important part of the contract. Both spouses will need to indicate all of their assets without leaving out anything that they have of value in their sole name coming into the relationship. This will need to include property, retirement assets, valuable items, businesses, and anything else of value that you believe should be disclosed here. You might need to attach both financial disclosures here, or they could be part of the document itself. There is no wrong way to attach this information, and two separate disclosures can be attached if that is the easiest way to create this part of the postnuptial agreement.
- Property Information. Some postnups will call out property uniquely in its own section. This can make it easier to attend to this part of the marriage assets without confusion. This section might also include business properties, rentals, and other kinds of properties not related to the family home in specific. Property acquired during the marriage can also be included in this agreement. This is different from a prenup since there will not be joint property in most cases when a prenuptial is written.
- Business Information. The business or businesses that you and your spouse own need to be included in this part of the document. This might be as general as the name of the business and the industry that it operates in, or there might be more detail that should be included. You will also need to include information about how the percentages of ownership split up if something should change in the relationship that ends it.
Businesses acquired during the marriage can also be included in this part of the contract. You might need to indicate if this business will be granted to you or granted to your spouse, or shared equally. You can also divide by percentage if that is easier for both you and your spouse. - Debts and Taxes. The debts that each spouse has to their name when they come into the game as well as the taxes that might need to be considered related to any of these assets, must be dealt with in this part of the document. This might be anything from a student loan to a car loan, to a business loan. You need to provide full disclosure about this information, just like the other financials that you disclosed early in the contract.
Marital debts can also be included in this part of the document. You might own a car together, or a home, or something else that you are making payments on when the postnuptial is written. This is different from a prenuptial in most cases as well since you probably will not own anything that is a shared debt when a prenuptial is being written. - How the Marital Home Will be Divided. The marital home can be one of the biggest sources of arguments when a divorce happens. You will want to make sure that the marital home is divided up fairly when the marriage ends. This will also include a discussion about ownership of the property if one of the spouses should pass away. This can be complicated if the property is not a marital purchase and predates the marriage in some way.
- Pet information. If you have pets that you want to be sure will be cared for correctly if the marriage should end, you need to list their names and information here. This section might be made more general as well and just state that any animals that are owned by the spouses will be dealt with in a specific way when the marriage ends.
- Legal Information. The legal details of this document will include information that is state-specific in some cases. You should be sure that you look for some legal guidance for this section if you are not sure what limitation might be placed on this part of the agreement according to the state that you live in. You can also include information about disability and death, as well as a waiver of rights that clarifies the rights that each party will have if the marriage ends.
You can also include some other details such as:
Court litigation details,
Arbitration details,
Mediation information,
Order of mediation and arbitrationThese details do not have to be included, but they can help to clarify what happens if there needs to be legal action taken at some point in the future.
- Date and Governance. The date that the document will start, as well as the state laws that govern it are listed here. You will need to follow the rules of the state where you got married, even if you have since moved and are making the document in another state. This is why the state matters or the execution of the document.
- Notary. Not only do both of the spouses have to sign this document, but there also needs to be a witness signature done by a public notary to make the document legal and active. This person can often be found at a county records office as well as the county court, but you can also use a private notary in most cases to witness your document.
Postnuptials Can be Necessary for Assets Involved in Any Marriage
If you have a lot of assets in your name when you come into a marriage and you want to protect them, a postnup might be the best way to do so. This is a legal document that can make sure that you do not have to surrender control of your assets if you and your spouse divorce. This is also a very good document to have on hand if you are worried about the way that your estate will be handled if you or your spouse should pass away.
Always make sure that you do not include lots of information that is not allowed to be in this document, such as childcare information, personal details about the relationship, or any other non-financial considerations. This is a legal document that might need to be used in court, so you do not want to miss any of the necessary information or have additional details in your document that cannot be included legally.
