Example of Post Nuptial Agreement

A postnuptial agreement, sometimes referred to as a post-marital agreement, is a legal contract that a couple creates after they have gotten married. It is similar to a prenuptial agreement in that it outlines the rights and obligations of each spouse in the event of a divorce or separation, but it is created after marriage instead of before.

Here is an example of a postnuptial agreement:

Agreement made on [date], by and between [husband’s name] and [wife’s name], referred to as the “Parties”.

Recitals:

The Parties were married on [date].

The Parties desire to set forth their respective rights and obligations in the event of a separation or divorce.

The Parties acknowledge that they have had the opportunity to seek and obtain independent legal advice.

Agreement:

In consideration of the mutual covenants and promises herein contained, the Parties agree as follows:

Property Division: In the event of a divorce, each Party shall be entitled to retain all property, including real and personal property, held in their name alone, and each Party shall be entitled to retain any property designated as separate in a premarital agreement.

Marital Property: All property acquired during the marriage by either Party shall be considered marital property, and each Party shall be entitled to an equitable share of such property in the event of a divorce.

Spousal Support: In the event of a divorce, neither Party shall be entitled to spousal support from the other Party.

Child Support: In the event that the Parties have children from the marriage, child support shall be determined in accordance with the laws of the state in which the divorce is filed.

Modification: This agreement may be modified only by a subsequent written agreement signed by both Parties.

Governing Law: This agreement shall be governed by and construed in accordance with the laws of the state in which the Parties are domiciled at the time of execution.

Execution: Each Party has executed this agreement voluntarily and with full knowledge of its legal effect.

The above example is a basic postnuptial agreement and may not cover all aspects of a couple’s unique circumstances. It is important to consult with a licensed attorney experienced in family law to draft a postnuptial agreement that meets the specific needs of each individual couple. A properly executed postnuptial agreement can provide peace of mind and protection for both parties in the event of a separation or divorce.