Postnuptial Agreement Form

A postnuptial agreement is a legal document drafted after a marriage or civil union that allows the couple to make preparatory decisions about assets and affairs if there were to be a divorce, separation, or death of a spouse. The agreement must be signed by both spouses and may require a notary acknowledgment or witnesses (in accordance with state laws).

A postnuptial agreement only covers the financial distribution of property and assets after a divorce. All matters related to child custody are determined by the court.

In some circumstances, postnuptial agreements are highly recommended for spouses that did not sign a prenup. Marital reasonings may vary, but a majority of cases may fall under one of the following:

• Inheritance – One spouse might receive a large inheritance or monetary windfall and may want to use the agreement as a protective effort.
• Financial recklessness – One party may have entered into periods of financial recklessness, causing monetary harm to the marriage and the other spouse.
• Expeditious marriage – Spouses may have married abruptly and missed the window to create a prenuptial agreement.
• Childcare – If one spouse leaves their job to stay at home and care for children, they may wish to ensure financial stability in case of divorce.
• Outdated prenuptial agreement – A former prenuptial agreement may contain obsolete information that no longer serves the couples’ needs.

Postnup agreements have to meet certain requirements in order to be accepted by a court of law. Failure to meet standards could cause a judge to void the agreement.

• Written – Oral agreements are not accepted as valid. The agreement must be written in accordance with state standards.
• Financial disclosures – Each spouse must disclose all assets, income, and liabilities in full (unless a waiver is signed). Failure of full disclosure or inaccuracy may invalidate the agreement.
• Voluntary – Each spouse must sign voluntarily.
• Conscionable – The agreement must be fair.
• Executed in accordance with state law – Signing requirements of the spouses’ state must be adhered to, which may include notarization and use of a witness.

Even after these requirements are met, a post-nuptial agreement may not be ironclad. State law may widely differ between what can and cannot be included in the document.

A lawyer isn’t legally required for the execution of a postnuptial agreement, and spouses may create the agreement themselves without legal counsel. However, creating an agreement and subsequently commissioning a lawyer to review helps to ensure accuracy and enforceability. Use Findlaw’s family law lawyer search to find an attorney in a state to review a postnup.