Postnuptial Agreement Form

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Updated August 07, 2022

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A postnuptial agreement, or “postnup” or “post-marital agreement,” is a legal document created between a couple after marriage that outlines the division of assets and spousal support in the event of divorce. The agreement can decide financial matters and cannot cover child support or custody.

When creating a postnup, there is no intention of filing for divorce. The agreement is only made as a safety precaution in case of such an event.

Prenuptial (prenup) agreement – A document signed before marriage outlining asset division in the event of divorce.

By State

Table of Contents

What is a Postnuptial Agreement?

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.

Why Make a Postnup?

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  • Outdated prenuptial agreement – A former prenuptial agreement may contain obsolete information that no longer serves the couples’ needs.

Requirements to be Valid

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.

Do I Need a Lawyer?

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.

Signing Requirements

State Signing Requirements Statutes / Court Rulings
Alabama Both spouses. Barnhill v. Barnhill (1980)
Alaska Both spouses. Brooks v. Brooks (1987)
Arizona Both spouses. Ariz. R. Fam. Law. proc. 69
 Arkansas Both spouses. Stewart v. Combs (2006)
 California Both spouses must sign in the presence of an attorney or notary public. In re Marriage of Friedman (2002)
 Colorado Both spouses. Colo. Rev. Stat. § 14-2-306
 Connecticut Both spouses. Bedrick v. Bedrick (2011)
Delaware Both spouses. Hughes v. Peterson (2012)
 Florida Both spouses. Casto v. Casto (1987)
 Georgia Both spouses. Spurlin v. Spurlin (2011)
 Hawaii Both spouses. Chen v. Hoeflinger (2012)
 Idaho Both spouses must sign in the presence of a notary public. I.C. § 32-917
 Illinois Both spouses. In re Marriage of Richardson (1992)
 Indiana Both spouses. Sanders v. Sanders (2018)
 Iowa Both spouses. In re Marriage of Cooper (2009)
 Kansas Both spouses. Davis v. Miller (2000)
 Kentucky Both spouses. Luck v. Luck (1986)
 Louisiana Both spouses. La. Civ. Code art. 2329
 Maine No statute
 Maryland Both spouses. Nouri v. Dadgar (2020)
 Massachusetts Both spouses. Ansin v. Craven-Ansin (2010)
 Michigan Both spouses. Skaates v. Kayser (2020)
 Minnesota Both spouses must sign in the presence of two (2) witnesses and a notary public. Minn. Stat. Ann. § 519.11(2)
 Mississippi Both spouses. Barton v. Barton (2001)
 Missouri Both spouses. Lipic v. Lipic (2003)
 Montana Both spouses must sign in the presence of a notary public. Mont. Code Ann. § 40-2-312
 Nebraska Both spouses must sign in the presence of a notary public. Devney v. Devney (2016)
 Nevada Both spouses. Cook v. Cook (1996)
 New Hampshire Both spouses. In re Estate of Wilber (N.H. 2013)
 New Jersey Both spouses. Pacelli v. Pacelli (1999)
 New Mexico Both spouses must sign in the presence of a notary public. N.M. Stat. Ann. § 40-2-4
 New York Both spouses. Hershkowitz v. Levy (2021)
 North Carolina Both spouses must be signed in the presence of a notary public or judicial officer. N.C. Gen. Stat. Ann. § 52-10
 North Dakota Both spouses. N.D. Cent. Code Ann. § 14-03.2-05
 Ohio Postnuptial agreements are prohibited. Section 3103.06
 Oklahoma Both spouses. Boyer v. Boyer (1996)
 Oregon Both spouses. In re Marriage of Grossman (2005)
 Pennsylvania Both spouses. Lugg v. Lugg (2013)
 Rhode Island Must be “properly witnessed.” Marscocci v. Marscocci (2006)
 South Carolina No statute
 South Dakota Both spouses. S.D. Codified Laws § 53-8-2(2)
 Tennessee Both spouses. Bratton v. Bratton (2004)
 Texas Both spouses. Tex. Fam. Code Ann. § 4.104
 Utah Both spouses. Peirce v. Peirce (2000)
 Vermont No statute
 Virginia Both spouses. Va. Code Ann. § 20-149
 Washington Both spouses must sign in the presence of a witness and notary public. Wash. Rev. Code Ann. § 26.16.120
Washington D.C. No statute
West Virginia No statute
 Wisconsin Both spouses Wis. Stat. Ann. § 766.58
 Wyoming Both spouses Long v. Long (2018)

How to Write

Download: Adobe PDF, MS Word, OpenDocument

The Parties

(1) Date Of Post-Nuptial Effect. The calendar date the Couple agrees will set the conditions in this agreement in effect should be displayed in the First Article. A specific formatted area has been provided for this entry.

(2) Husband. The Husband in this agreement should be identified with his or her full name.

(3) Wife. The Wife in this couple should also be named. Record his or her name on the line labeled “Wife.”

II. Grounds For Divorce

(4) Irreconcilable Differences. It should be established early on when this agreement can be applied to a divorce between the Husband and Wife above and when it cannot. In the Second Article of this document, several applicable scenarios for divorce are discussed, each one that this agreement should apply to should be selected. Therefore, if this agreement can be applied to the Divorcing Parties when the reason for their separation is “Irreconcilable Differences,” then select the first checkbox statement from the Second Article.

(5) Adultery. If this agreement may be applied to a divorce caused by “Adultery” (when one or more Partners are unfaithful), then select the second checkbox. This shall require some additional information. If this document may only be applied to a divorce caused by the Husband having been unfaithful, produce a mark in the “Husband” checkbox. If this agreement will apply to a divorce caused  by the Wife becoming unfaithful, then select the “Wife” checkbox. If this agreement may be applied when either the Husband or the Wife commits adultery, then select the “Either…” checkbox.

(6) Prison Sentences. If divorce is caused because one or both of the Spouses must serve a prison sentence, then the second checkbox should be marked and the maximum number of years making up a prison sentence that allows this agreement to be applied should be documented on the blank space provided.

(7) Alcoholism/Drug Addiction. If a divorce is initiated because at least one of the Spouses has a serious alcohol or drug addiction problem, then select the “Alcoholism/Drug Addiction” checkbox to apply this agreement to such a divorce.

(8) Other. This agreement may also apply to other reasons for divorce. If so, then mark the checkbox labeled “Other” and state each reason for divorce in which the Husband and Wife agree this agreement should be applied to on the blank space that follows.

II.  Marriage

(9) State Governing Marriage. Record the name of the State whose laws apply to this marriage. This is generally the State where the couple was married.

(10) Date Of Marriage. Document the formal date that the Husband and Wife married. Note, this should be the date displayed on the marriage certificate obtained by the Couple.

IV. Minor Children

Select Item 11 Or Select And Complete Item 12

(11) No Minor Children. If neither the Husband nor the Wife had children prior to this marriage then, select the “No Minor Children” checkbox from the Fourth Article.

(12) Minor Children. If either of the Spouses had Children that were then brought into the concerned marriage, then the “Minor Children” checkbox should be selected and the number of Children that who entered the Couple’s living arrangement via their Parent (Spouse) should be recorded on the blank line in this statement.

(13) Source Of Children. If the Couple has Children of their own before marriage then select the “From The Couple” checkbox. If the Children entering this marriage only do so on the side of either Spouse but not both, then select the second checkbox. Additionally, “Attachment E,” found at the end of this agreement will need to be completed and permanently affixed to this document (See Item 94 of these instructions).

V. Spousal Support (Alimony)

Select Item 14 Or Select And Complete Item 15 Or Select Item 20 Or Select Item 21

(14) No Spousal Support. If the Couple agrees that in the event of divorce neither will be obligated to provide financial support to the other, mark the first checkbox statement (labeled “No Spousal Support”) available in Article V.

(15) Spousal Support. If a divorce occurs and both Members of this couple have agreed that “Spousal Support” will be required, and therefore applied through this agreement, then the first checkbox from Article V should be selected.

(16) Paying And Receiving Spouse. Naturally, some clarification will be needed to establish who the Paying Spouse will be and who the Receiving Spouse will be. Locate the first set of checkboxes in this option (labeled “Husband” and “Wife”). Here, mark the “Husband” checkbox if the Husband will be the Paying Spouse or the “Wife” checkbox to indicate the Wife will be the Paying Spouse. The second set of checkboxes (labeled “Husband” and “Wife” should be used to indicate who the Receiving Spouse would be. Mark the “Husband” Checkbox if he or she will be the Receiving Spouse or the “Wife” checkbox to indicate that he or she will be the Receiving Spouse. Note, that the same Party may not be named as both the Paying and the Receiving Spouse.

(17) Fixed Period For Spousal Support. If this agreement shall call for one Spouse to provide financial support to the other if a divorce occurs, then select the “For A Fixed Period” checkbox. This statement requires the fixed payment dollar amount making up each support payment be submitted to the space attached to the dollar sign.

(18) Life Span Of Fixed Period. Select the first checkbox from the “Fixed Period” section if alimony payments shall begin on the first day of the month after the Couple divorces and continues for a definitive period of time. To apply this option, identify the maximum number of months or years after the divorce when this agreement shall effectively require support payments to be made to the Receiving Spouse by furnishing it to the blank space provided and by selecting either the “Months” or the “Years” checkbox.

(19) Defined Termination Date. If alimony (support) payments must be made until a specific predetermined date (regardless of when the Couple divorces) then select the “Until” checkbox and dispense the date when the final required alimony payment should be submitted.

(20) Perpetuity. If this agreement shall set alimony payments to be made indefinitely until the Receiving Spouse passes away or remarries then select the “In Perpetuity” checkbox. Utilize the blank area displayed in this statement to document the dollar amount that each alimony payment must consist of.

(21) Other. While the topic of spousal support may be fairly straightforward in the majority of divorces, sometimes different circumstances or conditions may apply (beyond what is listed above). If so, select the box labeled “Other” then define the spousal support requirements and conditions this document would apply in the event of divorce.

VI. Earnings

Select Item 22 Or Select item 23

(22) Each Spouse Separately. Naturally, the Couple will (ideally) earn money during the time they are married. If each Marital Partner should consider his or her earned money to be under his or her own control both during and after their marriage, then the “Each Spouse” checkbox should be selected from Article VI.

(23) Couple Jointly. If the earnings of each Spouse will be absorbed into the marriage so that such earnings (payments, winnings, etc.) will be considered those of the Couple even in the case of divorce, then the second checkbox should be selected from the Sixth Article.

VII. Additional Payment

Select Item 24 Or Select And Complete Item 25 Or Select Item 28

(24) No Additional Payment. If the alimony (spousal support) defined in this paperwork will represent each and every payment that will be submitted by the Paying Spouse to the Receiving Spouse as the result of this marriage and its dissolution, then select the first checkbox from Article VII.

(25) Additional One Time Payment. In some cases, it may be appropriate for the Supporting Spouse to submit an “Additional One (1) Time Payment” to the other that is not included in any other payment requirements set by this document. If this is the case, then the second checkbox statement should be selected, and the one-time payment dollar amount produced in the space following the dollar sign.

(26) One Time Payer. The Payer of the one-time payment should be identified as either the “Husband” by selecting the first checkbox that follows the (reported) dollar amount or as the “Wife” by marking the second checkbox that follows the previous report.

(27) Receiver Of One Time Payment. Produce a mark in the second checkbox labeled “Husband” or the second checkbox labeled “Wife” to indicate who the Payee or the Receiving Spouse will be.

(28) Other. If the above options do not adequately discuss the additional payment that a Paying Spouse would be required to submit by this paperwork, mark the “Other” checkbox, then supply the conditions that would apply to the additional payment that must be generated by the Paying Spouse on the blank space provided.

VIII. Bank Accounts

Select Item 29 Or Select Item 30 Or Select Item 31

(29) Separate Bank Account. If the Couple has decided that each Member shall maintain his or her own bank account and that each (bank account) should be considered separate from the marriage, then select the first checkbox statement from Article VIII.

(30) Separate And Joint Bank Accounts. If this agreement should require that each Spouse maintains a separate bank account while also contributing to a joint bank account that both will be able to access and control then select the second checkbox from Article VIII.

(31) Transferred To Joint Bank Account. If the Spouses intend to transfer the contents of all their individual bank accounts to a joint bank account that both will share as a Couple, then the third checkbox should be selected from the Eighth Article.

IX. Disability

Select Item 32 Or Select Item 33

(32) Pledges Of Maintenance. If the Members of this Couple wish this agreement to require that each Spouse intends to care for the other in the event he or she is incapacitated by a medical or mental condition of any kind, then the first checkbox in Article IX should be selected.

(33) No Pledge. If either Spouse does not wish this agreement to solidify the intent to stay with the other should the Other Spouse become disabled (mentally or physically) then select the second checkbox statement.

X. Change Of Circumstances

Select Item 34 Or Select And Complete Item 35

(34) No Change Allowed. The Tenth Article seeks to account for major life changes that may significantly interfere with the Supporting Spouse to fulfill his or her agreed-upon financial requirements after the divorce (i.e. alimony). If this agreement will not allow for any changes to the financial support one Spouse must give the other then, select the first checkbox in Article X.

(35) Spousal Support May Change. If this agreement should allow a Spouse to alter the spousal support payments he or she is obligated to submit to the Receiving Spouse because a life event has significantly impeded the Paying Spouse’s ability to uphold this financial responsibility, then select the second checkbox from the Tenth Article.

(36) Reason For Change. As mentioned, the requirements of spousal support may be allowed to change in this agreement so long as a significantly impactful event prevents the Spouse from continuing support as originally agreed-upon. Select the acceptable reasons where a change in the support requirements of this document may be presented by selecting the checkbox labeled “Job Loss,” “Disability,” and/or “Other.”

XI. Health Insurance

Select Item 37 Or Select And Complete Item 38

(37) Separate Health Insurance. The Eleventh Article will deal with the topic of “Health Insurance.” If each Spouse will only be obligated to obtain and maintain his or her health insurance (at-will) then select the first checkbox statement from this article.

(38) Health Insurance Provided By Spouse. If one Spouse will be responsible for providing health insurance for the other (regardless of divorce), select the second checkbox. Once done select either the “Husband” checkbox or the “Wife” checkbox to indicate which Spouse shall obtain and pay for the Other’s health insurance.

(39) Spouse Requiring Insurance. Select the “Husband” or “Wife” checkbox from the second set of these choices to establish which Spouse will be provided with health insurance.

(40) Insurance. Document the number of “Months” or “Years” that the Paying Spouse will maintain the Other Spouse’s insurance on the blank space provided and by selecting the appropriate measure of time for this record.

(41) Type Of Health Insurance. Review the list of insurance on display. Place a mark in each checkbox labeled with the type of insurance that the Health Insurance Paying Spouse will be responsible for obtaining for the Other Spouse. This list will allow for “Medical,” “Dental,” “Vision Care,” or “Other” insurance to be required by this agreement. Keep in mind that if the Health Insurance Spouse will be responsible for “Other” health insurance, then the blank space provided should be used to specifically define the required “Other” insurance.

XII. Marital Home

Select Item 42 Or Select And Complete Item 43

(42) Does Not Own Home. Select the first checkbox statement from the Twelfth Article if neither Spouse owns a home.

(43) Owns Home. If either Spouse (or both) owns a home, then select the second checkbox statement. Additionally, indicate which of these Parties owns a home by placing a mark in the “Husband” checkbox,” “Wife” checkbox, or “Couple” checkbox.

(44) Address. The physical address of the home owned by the Husband, by the Wife, or by both (Couple) must be presented when discussing this topic. The blank space labeled “Marital Home” should be provided with each address of a home owned by one or both of the Spouses. Additional space may be inserted at will if more space is needed.

(45) Post-Marital Home Owner. Select the appropriate checkbox to document which Party shall take over ownership of the home(s) upon divorce. Only one of these options may be selected (“Husband,” “Wife,” “Couple”).

XIII. Financial Disclosure

Select Item 46 Or Select And Complete Item 47

(46) Waiving Disclosure. The Spouses may use this agreement to elect to disclose their finances to one another or to waive this action. If such a disclosure is unwanted or unapproved by either Spouse (or both), then mark the first checkbox in Article XIII.

(47) Financial Disclosure Requirement. Select the second checkbox option if the Couple intends to disclose their financial statements to one another.

(48) Husband’s Property. If the Husband will make financial disclosure through this agreement, then locate Statement A (“Husband’s Property”). Here, list every asset owned or controlled by the Husband in the textbox provided. If the Husband is a partial Owner of an asset or property, then the level of ownership he or she enjoy should also be discussed. This report should clearly identify each asset by name, value, and if relevant, account number and location. If there is not enough room, then additional space may be inserted as needed or a document that is titled “Attachment A” and containing the balance of this information should be affixed to this agreement.

(49) Husband’s Debts. Now that the Husband’s assets have been documented, his or her debts will need to be detailed. Locate then supply a listing of every debt held by the Husband. Such a report should name each Creditor, discuss the source or reason for the debt, and present the value of the debt. If more room is needed, this record may be continued on a document titled “Attachment B” then permanently kept with this document.

(50) Wife’s Property. Statement C (“Wife’s Property”) will seek a detail of every asset owned or controlled by the Wife. This list should identify every such asset by name, account number, values, and any other relevant information that would aid in accessing the asset or property. If the Wife co-owns any assets, then make sure his or her percentage of ownership is documented as well. If more room is needed, this may be continued on an attachment that is titled “Attachment C” or more space be inserted directly to the text box presented with Statement C to accommodate a full report.

(51) Wife’s Debts. Every debt the Wife is responsible to pay should be reported in Statement D. This report must divulge the name of each Creditor, the reason for the debt, and the amount owed. Since each such debt must be listed and explained, additional lines may be inserted to Statement D or a document titled “Attachment D” may be set with this information then permanently affixed (to this agreement).

XIV. Ownership Of Property

Select Item 52 Or Select Item 53

(52) Separate Property Ownership. Article XIV seeks a discussion on how ownership over each Spouse’s assets and property that was obtained before their marriage is classified during the marriage. If each Spouse retains separate and private ownership over the assets he or she accrued before the marriage for the duration of the marriage, then the first checkbox in Article XIV.

(53) Joint Property Ownership. If each Spouse’s assets and property became the property of the Couple as a whole upon marriage, then select the checkbox labeled “The Couple.

Select Item 54 Or Select Item 55

(54) Separate Ownership. During the marriage, one or both Spouses will likely earn or attain additional assets and property. If ownership over the assets and property obtained by a Spouse during the marriage will remain fully owned by that Spouse after the dissolution of the marriage, then select the “Each Spouse Respectively” checkbox from the appropriate area in Article XIV.

(55) Joint Ownership. If the Couple will consider the assets and property obtained by each Spouse during the marriage as owned by the Couple as a whole, then select the checkbox labeled “The Couple.”

XV. Ownership Of Debts

Select Item 56 Or Select Item 57

(56) Separate Pre-Marriage Debts. If the debts as well as the liabilities that each Spouse is responsible for should remain the sole obligation of that Spouse during the marriage, then select the “Each Spouse Respectively” checkbox.

(57) Joint Pre-Marriage Debts. If the Couple absorbs the debt that each Spouse is obligated to pay before the marriage occurs, mark the “The Couple” checkbox.

Select Item 58 Or Select Item 59

(58) Separate Marital Liabilities. If the debts and liability(ies) gained by each Spouse during the marriage shall remain under the sole obligation of the Spouse and not to be considered a debt held by the Couple, then select the first checkbox provided on this topic.

(59) Joint Marital Debt. If the Couple will treat the debts and liability a sole Spouse has gained or been assigned during the marriage as a debt that must be paid for by the Couple as a whole, mark the final checkbox in Article XIV.

XVI. Rights As A Beneficiary

Select Item 60 Or Select Item 61

(60) Beneficiary Rights Beneficiary. During a marriage, one or both Spouses may name the other as his or her Beneficiary. If this agreement should formally state the dissolution of the marriage should result in the immediate withdrawal of such a Beneficiary status, then the “Be Withdrawn” checkbox in Article XVI should be marked. Keep in mind that this statement will not supersede any applicable State or Federal law governing the marriage, divorce, and the legal Beneficiary status of a Spouse.

(61) Beneficiary Rights Remain. This agreement can be set to be neutral on this topic by allowing the current Beneficiary status either Spouse enjoys from the other to remain until a separate document states otherwise by selecting the “Remain Included” checkbox. It is important to note that any properly executed will (or codicil of) issued by a Spouse removing the other as a Beneficiary in the case of divorce or upon a divorce will not be affected by this selection.

XXX. Governing Law

(62) Jurisdiction Governing Marriage. The name of the State that governs this marriage and where this document will be enforced as an effective agreement should be dispensed to the area available in Article XXX.

XXXI. Additional Terms & Conditions

(63) Required Unmentioned Conditions. The conditions set forth by this document that may be applied to the divorce of the concerned Couple will cover a wide range of topics; however, this may not cover every topic required in every divorce. Therefore, any additional agreements that should be enforced in this contract but have yet to be established should be presented in the Thirty-First Article. If needed an attachment may be used to present such additional conditions or requirements.

XXXIII. Signatures And Dates

(64) Two Witnesses. The signature requirements of the State where this marriage is governed must be observed in this agreement. If this paperwork must be signed by the Couple while “Two (2) Witnesses” observe, then select the first checkbox from Article XXXIII.

(65) Notary Public. If this paperwork’s execution must be notarized, select the “Notary Public “checkbox.

(66) Legal Counsel. If the “Legal Counsel” of each Spouse signing this paperwork must be present and directly observing this execution, mark the third checkbox.

(67) Husband’s Signature. The Husband must review this agreement including all its attachments before proceeding. Once done, he or she must sign his or her name on the “Husband’s Signature” line while the required Parties (designated in Article XXX by selection) are present to observe. He or she should also be prepared to submit his or her full name in print below the signature.

(68) Husband’s Signature Date. The date when the Husband supplies his or her signature will be important. Thus, he or she must record the current date on the calendar on the space labeled “Date.”

(69) Wife’s Signature. The Wife should read through this agreement and its attachments to his or her satisfaction, then according to the execution laws for this document, sign his or her name on the “Wife’s Signature” line. Once done the Wife must also deliver his or her name in print directly under the provided signature.

(70) Signature Date. The date at the time of the Wife’s signing should be recorded adjacent to his or her signature.

Two (2) Witnesses

(71) Witness Testimonial Signature. If two Witnesses were required for this document’s signing, then each one should read the acknowledgment statement made titled “Two (2) Witnesses.” Once complete, each Witness must sign his or her name on a unique “Witness’s Signature” line below the testimonial. Additionally, each one must print his or her name on the “Print Name” line available underneath his or her signature.

(72) Witness Date Of Signature. Naturally, the Witnesses will also be expected to present the date when they signed this document. Each of the Witness’s signature areas is accompanied by a line labeled “Date.”

Notary Acknowledgment

(73) Notary Public. If this agreement’s execution must be notarized, then the Notary Public present at the time of signing will take control of the document after he or she has overseen the signature action of the Spouses. The Notary will be the only Party able (and allowed) to complete the “Notary Acknowledgment” section to show that the notarization process has been successfully conducted as part of the agreement’s execution.

Husband’s Acknowledgement Of Independent Legal Advice

(74) State And County. If the Husband’s legal counsel was involved with this agreement and was required to attest to this, then he or she will complete the “Husband’s Acknowledgment Of Independent Advice” section beginning with a presentation of the name of the State and the County of this statement’s execution.

(75) Name Of Husband’s Attorney. The full name of the Husband’s Attorney should be produced on the first blank line in this paragraph.

(76) State Of Practice. The name of the State where the Husband’s Attorney practices law should be dispensed to the second available space provided.

(77) Date Of Consultation. The third area the Husband’s Attorney will tend to will require that the date of the last consultation the Husband and the Husband’s Attorney participated in regarding the paperwork above.

(78) Name Of Husband. The full name of the Husband, as the individual who the Attorney has consulted, should be produced on the space preceding the word “Husband.”

(79) Name Of Wife. Finally, the language presented will seek confirmation that the counsel that the Husband’s Attorney has given the Husband was unaffected by the Wife’s personal goals. To complete this language the Wife’s name must be presented. (80) Licensed Attorney Signature. The Husband’s Attorney will also provide his or her signature to the “Licensed Attorney” line then print his or her name where requested as verification that the above statement is true.

(81) Date Of Licensed Attorney Signature. The date when the Husband’s Attorney signed this document should be presented at the time of signing.

(82) Husband’s Signature. The Husband should read the statement completed by his or her Attorney then, as an acknowledgment of its content, sign his or her name then print his or her name on the lines labeled “Husband’s Signature” and “Print Name” (respectively).

(83) Date. The date when the Husband acknowledges this statement by signature should be presented immediately after he or she signs and prints his or her name.

Wife’s Acknowledgement Of Independent Legal Advice

(84) State And County Of Statement. If the Wife’s Attorney will be expected to submit a statement concerning this agreement as part of its requirements then he or she will begin the “Wife’s Acknowledgement Of Independent Legal Advice” section with a record of the State and County where the statement is completed and executed.

(85) Wife’s Attorney Name. The full name of the Wife’s Attorney must be documented on the first available space.

(86) State Of Wife’s Attorney Practice. The name of the State where the Wife’s Attorney practices law should be presented on the line following the term “…Attorney In The State Of.”

(87) Date Of Recent Counsel. The last date of counsel provided to the Wife by his or her Attorney must be recorded as requested.

(88) Name Of Wife. The full name of the Wife must be displayed on the blank line preceding the term “The Wife…”

(89) Name Of Husband. The full name of the Husband must be submitted to the final space to complete the statement being made.

(90) Wife’s Attorney Execution. The Wife’s Attorney must sign the “Licensed Attorney” signature line and print his or her name on the “Print Name” line directly below.

(91) Signature Date Of Wife’s Attorney. The exact date when the Wife’s Attorney signed this paperwork should be produced immediately upon his or her execution of this statement on the blank space provided.

(92) Wife’s Signature. The Wife must the “Wife’s Signature” line then print his or her name below it.

(93) Date. The calendar date when the Wife has signed this statement should be presented.

Attachment E Children Outside The Couple

I. Children Outside The Couple

(94) Number Of Children. If either Spouse brought a Child to the marriage then Attachment E must be filled out. This process must begin with a report of the total number of Children the Spouses brought into the marriage submitted to the first blank space in Article I (of Attachment E).

(95) Name And Age. The name of each Child must be presented on the “Child’s Name” along with his or her “Age” on the blank space that follows. Enough room has been supplied in this article for three Children to be identified however, if the Spouses have brought more than three Children to this marriage, then insert additional lines to accommodate each Child’s information

(96) Parent. In addition to naming each Child, the Parent must be identified as well. Thus, after supplying a Child’s information to this area, continue to mark the “Husband” checkbox if the Child’s Parent is the Husband or the “Wife” checkbox to indicate that the Child’s Parent is the Wife.

II Child Support During Marriage

Select Item 97 Or Select Item 98 Or Select And Complete Item 99

(97) The Couple. The Second Article found in Attachment E shall seek to solidify how each Child outside the marriage will be supported. If the Couple will share this financial responsibility then mark the first checkbox.

(98) Sole Responsibility. Select the second checkbox from Article II if a Child outside of this marriage will only be financially supported by his or her Parent (Spouse).

(99) Other. If the Spouses prefer another arrangement to define how financial support will be provided for Children outside the marriage, then the “Other” checkbox should be selected and the exact requirements of each spouse to each Child outside the marriage should be defined on the space provided.

III Child Support After Marriage

Select Item 100 Or Select And Complete Item 101 Or Select And Complete Item 102

(100) No Child Support. If neither Spouse will be required to provide child support for a Child outside the marriage that is not his or hers, then mark the first checkbox in Article III.

(101) Deferred. If the Couple prefers to let State laws and procedures determine how financial support for Children outside of the marriage be handled upon a divorce then select the second checkbox from the Third Article and record the name of the State whose courts or Child Support Service Department will make this decision.

(102) Child Support Payments. If support payments will be required for Children outside the marriage upon divorce, then mark the checkbox labeled “Child Support Payments.”

(103) Payer Of Child Support. Identify the Spouse that will be required to make child support payments when a divorce occurs by selecting either the “Husband” or the “Wife” checkbox from the first set of choices presented.

(104) Payer And Receiver Of Child Support Payments. In addition to identifying the Spouse responsible for submitting the child support payments after divorce, the identity of the Spouse receiving such support must be established. Indicate which Spouse would receive child support payments after divorce by choosing the “Husband” checkbox or the “Wife” checkbox from the second set of choices presented.

(105) Support Payment. Document the total dollar amount making up each child support payment on the space provided immediately after the dollar (“$”) sign.

IV. Signature And Dates

(106) Husband’s Signature. This attachment will require a separate signature process then that of the agreement above. Once Attachment E is completed, the “Husband’s Signature” line must be signed by the Husband. He or she will also be required to print his or her name on the “Print Name” line.

(107) Date. The Husband should date the signature he or she provided as requested.

(108) Wife’s Signature. The Wife must review Attachement E, then sign and print his or her name on the “Wife’s Signature” and “Print Name” line (respectively)

(109) Date. The calendar date of the Wife’s signature must be documented.

Related Forms (2)


Prenuptial Agreement

Download: Adobe PDF, MS Word, OpenDocument

 

 

 


Marital Settlement Agreement

Download: Adobe PDF, MS Word, OpenDocument