Free Postnuptial Agreement Forms [PDF Download]

Couples who are getting married are driven by their emotions and usually do not want to talk about finances or real estate. However, circumstances might change, and it is always advisable to secure future interests and assets.

To do that, couples need to sign a legally binding document that contains all the matters on which they have agreed. This agreement needs to be fair to both parties. There are a few options available, but the most common are prenuptial, postnuptial, and separation agreements.

What is a Postnuptial Agreement Form?

The postnuptial agreement form is a legal document that married couples draft during marriage to protect their interests in case of divorce. This document contains matters like the division of marital property, the division of debts, or spousal support plans. 

A postnuptial agreement, or shorter "postnup agreement,” can be used in the divorce process later because it addresses matters important for divorce. This way, spouses can cut the cost of legal fees and make the divorce process easier.

Postnuptial vs. Prenuptial Agreement

The main difference between these agreements is the point in time at which they were created relative to the start of the marriage. A prenuptial agreement is signed before marriage, and the agreed terms are usually related to property and finances that spouses bring into the marriage.

Couples can file a postnuptial agreement after marriage if circumstances dictate so. In this document, they are negotiating how to share or divide property and finances if they decide to separate.

Postnuptial vs. Separation Agreement

A separation agreement is for couples who want to live separate lives, and it covers matters related to separation. A postnuptial agreement covers similar matters, but it is drafted by couples still married who wish to prepare in case one day they decide to divorce.

Postnuptial Agreement Form by States

When Should You Get a Postnuptial Agreement?

A postnuptial agreement should be considered in cases where one spouse has significant assets or children from previous marriages and wants to stay financially secure in the event of divorce. Additionally, in the event of death, the spouse can ensure inheritance for children.

If the financial situation changes, for example, if one spouse starts a business, a postnup agreement would be a reasonable precaution in case divorce dictates the division of property.

If there are certain assets, like retirement accounts or heirlooms, they should also be included in the postnup agreement template.

By outlining your precise objectives and desires for the division of assets, a postnuptial agreement can help minimize a great deal of stress and avoid conflict later in the divorce process.

Pros and Cons of Having a Postnuptial Agreement

Spouses entering the process of creating a postnuptial agreement have to understand that it is not going to be easy. There are going to be disagreements on certain matters, mixed feelings, or even doubts in the future.

Therefore, couples should first look at the pros and cons of having a postnuptial agreement and then make the right decision. 

Some of the good aspects of a postnup are:

However, drafting a postnup agreement can raise many questions and trigger insecurities. 

Some of the cons of a postnup are:

What Does a Postnuptial Agreement Cover? 

A postnuptial agreement covers all matters of importance to married couples in situations where they are no longer together for certain reasons. The matters covered in the document should provide security, clear up any concerns, and make the whole divorce process easier, should it ever come to that point.

Requirements For the Validity of a Postnuptial Agreement

In order for a postnuptial agreement to be valid, certain requirements must be met. Although these requirements can vary by jurisdiction, they typically contain the following aspects:

Signing Requirements for a Postnuptial Agreement

How to Make a Postnuptial Agreement

Postnuptial agreements have become increasingly common in modern marriages as couples want to clarify their financial matters and protect their property. Spouses do not start this process just because they think divorce is imminent.

Actually, couples often use a postnuptial agreement to upgrade an existing prenuptial agreement or to address a recent big change in the financial status of the spouse. Whatever the reason, there are a few steps to follow to reach a postnuptial agreement.

Step 1: Provide Information of Both Parties

Giving thorough information on each spouse is the first stage in drafting a postnuptial agreement. Their complete legal names, addresses, phone numbers, and any other relevant personal data should be included in this agreement.

Making sure that all submitted information is accurate and recent is crucial in order to prevent any future disputes or objections to the legality of the agreement. 

Step 2: Provide the Information About Property

Information regarding each spouse’s assets and liabilities, acquired both before and during the marriage, must be provided. This covers any important assets, such as vehicles, investments, bank accounts, retirement funds, and real estate. 

To guarantee transparency and fairness in the agreement, full disclosure of assets and debts is essential.

It is also important to distinguish separate property from marital property in this case. Separate property is property owned by a spouse before marriage or acquired through gifts and inheritance during marriage.

Marital property is property gained in marriage, and it should always be part of negotiations during the process of creating a postnuptial agreement. On the other hand, separate property should not be part of the process, but it all depends on circumstances.

Step 3: Decide on the Business Ownership 

It is crucial to include provisions in the postnuptial agreement regarding the management of assets if one or both spouses own a business or hold ownership interests in any business venture.

Determining whether the company stays separate property or becomes marital property available for sharing in the event of a divorce or separation may be part of the agreement.  

Usually, if a spouse owned a company before marriage, it should be considered separate property. Any future disagreements and financial difficulties can be avoided by having clear agreements regarding company ownership.

Step 4: Agree on Debt & Taxes 

Important factors in a postnuptial agreement are debt and taxes. Spouses must come to an agreement on how to manage any current debts, loans, mortgages, or tax obligations.

It should be specified who will be responsible for paying off certain debts and how tax obligations will be handled. By addressing these problems up front, disagreements and later financial strain can be avoided.

Step 5: Decide on the Living Arrangements / Marital Home

Planning living arrangements and determining what will happen to the marital home in the case of a divorce or separation is another important aspect of a postnuptial agreement.

Spouses must decide whether the marital home will be sold, kept by one spouse, or divided between them. Decisions made about marital home directly influence living arrangements.

There are a lot of different options in this case, and it makes the divorce process or separation a lot easier and less stressful if handled before it starts. Decisions on this matter have a strong financial and emotional impact and, therefore, should be considered carefully.

Step 6: Discuss & Decide Other Information

Couples may need to discuss and resolve other significant issues in their postnup agreement in addition to the ones related to finances.

Spouses sometimes include terms concerning child custody and support in an agreement, but this is not advisable because the court prefers that this matter be handled when the divorce process starts.

Spousal support may be addressed postnup, but again, the court will have the last word on this issue. If it is clear that one spouse will be financially dependent for a long period of time and that it is possible, it will stay that way until divorce, then support needs to be mentioned.

For example, if one spouse decides to quit a job to take care of the home, then that should be taken into consideration.

There are also some matters that seem not so important or are connected to specific circumstances. Some married couples, for example, have a pet, and in cases of divorce or separation, custody over pets must be a subject of negotiation.

To guarantee that the interests of all parties are protected, it is important that these issues are dealt with thoroughly.

Step 7: Sign & Notarize the Agreement

Both spouses must sign the postnuptial agreement in the presence of a notary public. They should sign the document willingly, without pressure or influence. The agreement should be clear, and both spouses need to understand every term and what they are about to sign.

If there is something in the agreement that is not perfectly clear, spouses are free to seek legal assistance. Notarization guarantees the agreement is legally binding and helps in signature authentication.

To guarantee the agreement’s enforceability, it is important to follow all applicable legal requirements for signing and notarizing the document.

How Can a Postnuptial Agreement Be Revoked or Voided?

There are several ways to revoke or void a postnuptial agreement. The first and most obvious option is for both parties to agree to revoke the postnup. If spouses are still married and not separated, they can sign another contract that upgrades the terms of the agreement.

Another way is for spouses not to meet the legal requirements for a postnuptial agreement. This happens when spouses address issues without legal assistance or deliberately skip legal procedures.

In such cases, the court will review the agreement and revoke it if it is found to be unfair or does not comply with legal standards.

Postnuptial Agreement FAQ