A Postnuptial Agreement is a document formed after a couple has already married. The document itself may be heavily formulated to suit a couple's specific needs. They are the less popular but no less effective equivalent to a Prenuptial Agreement, which is signed by couples prior to getting married. Either spouse may profit from the protections offered by the Postnuptial Agreement.
Prior to actually getting married, nobody is in a rush to start discussing the potential division of assets because preparing for the big day can often be a very time consuming and stressful experience. A Postnuptial Agreement may be the best option for partners that regret not signing a Prenuptial Agreement or for those that have experienced a shift in their financial situation after tying the knot. They aim to protect both partners and their personal belongings which include estates, vehicles, and finances in the event that the couple decides to separate.
Prior to drafting any agreements, we would recommend each partner to separately seek legal advice from a Postnuptial Agreement lawyer which will be able to provide you with all of the important information concerning the agreements, whilst taking into account your specific circumstances. They will be able to guide you on what specifics to include in the agreement and the correct way to word each clause in order to prevent the clauses from being taken out of context and manipulated.
For a full list of Postnuptial Agreement templates please feel free to check out our library below.
You may find that there is a different Postnuptial Agreement law for each state. We have compiled a list of templates by state, which you can find below:
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|Florida||Maine||New Hampshire||Rhode Island||Wisconsin|
|Georgia||Maryland||New Jersey||South Carolina||Wyoming|
Each Postnuptial Agreement is unique and will depend on the specific circumstances and agreements formed between the two partners. You may also find that Postnuptial Agreement laws in every state may differ and this may impact the clauses that you are allowed and are not allowed to incorporate into the Postnuptial Agreement. However, we have created a list of the top most common items that couples may include in their agreement which you can find below:
No matter the purpose of your agreement or the contents, the key to a successful Postnuptial Agreement is to have a frank and honest discussion with your partner about the reasons and importance of forming such an agreement. The desire to form such an agreement does not indicate a lack of trust in the relationship, it can sometimes also be signed to determine specific rights in the event of a partner passing away to prevent long and tedious court proceedings.
It is strongly advised that individual partners work with a lawyer to design their Postnuptial Agreement as it is an agreement that is enforceable by law, and just like any other agreement, it needs to contain certain stipulations in order to be upheld in a court. A skilled lawyer will be aware of the necessary provisions that need to be included to guarantee its legality.
According to research, the Postnuptial Agreement cost can vary from approximately $500 all the way up to thousands of dollars. This will depend upon a number of circumstances which include:
Writing up a Postnuptial Agreement is simple as long as you know the structure and what to include. Make sure to include:
Once your agreement is drafted we would recommend that you approach a notary public to have the document notarized.
Haven't found the template you're looking for? Take a look at the related templates and forms below: