Free Postnuptial Agreement Forms [PDF Download]

With the help of our user-friendly form, simplify the process of creating a postnuptial agreement. Protect your interests and make plans for a secure future.

Last update: 29 Apr 2024

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:

Postnuptial Agreement Advantages

  • Clarity. When everything is on paper, a lot of matters will be put into perspective. Spouses will learn more about their financial situation, property, and the state of their marriage in general.

  • Financial security. Some people would argue that this is the main reason why spouses draft a postnup agreement. Whether this is true or not, it helps a lot to not have to think about finances when the divorce process starts.

  • Protection of children. Spouses sometimes have children from previous marriages, and they would like to secure their inheritance. Including this matter in a postnup will secure the children financially in the event of a spouse's death.

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

Some of the cons of a postnup are:

Postnuptial Agreement Drawbacks

  • Divorce idea. Spouses may think that by starting to talk about the division of property and finances, marriage is going to end soon. They could have doubts about  the reasons behind the postnuptial agreement. Good communication here is of utmost importance. 

  • Enforceability. Depending on circumstances, sometimes postnuptial agreement is not legally binding. If the agreement is not fair to one party or if legal requirements are not met, it might become useless.

  • Limit. A postnup agreement may cover all matters concerning marriage and divorce, but it might not be used in court. Matters like child custody, visitation rights, or child and spousal support could be in the hands of the court.

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.

What Details Should a Postnuptial Agreement Have?

#1. Parties

The spouses who are entering into the postnuptial agreement will be listed as the parties engaged in the arrangement. Basic details like names, addresses, or marriage dates may also be included in this part of the document.

To make the process as transparent as possible, each party should make a list of all their assets and debts and present the list to the other party. Alternatively, couples can add a list with their joint marital property. In both cases, it is important for both spouses to stay informed.

#2. Distribution of Property and Assets

It is important for spouses first to understand the difference between marital and separate property and then categorize their assets. Separate property is owned by the spouse before marriage or acquired as a gift and should not be the subject of division.

On the other hand, we have marital property that spouses acquire in marriage. A postnuptial agreement should cover all matters concerning the division of marital property. For example, division of real estate, vehicles, or debts.

#3. Spousal Support

Spousal support, or alimony, is a financial obligation that one spouse has towards the other. If one spouse is financially dependent on the other, for example, if one spouse quits a job to take care of children, then a certain amount should be paid to the spouse to avoid financial issues.

The document should specify the amount, duration, and conditions under which support should be paid. Resolving these issues before the divorce or separation will bring security and make everything easier later in the divorce process.

#4. What Happens to Assets After Death

The distribution of assets following the death of one spouse is covered in this section. It might outline how to distribute the deceased spouse’s assets and property, specifying whether they are to be inherited by the surviving spouse, the children, or other beneficiaries.

This clause in the agreement generally replaces the testament because of the similarity of the content. It is advisable to seek legal assistance in these matters because the specific laws of the state may be in conflict with this clause.

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:

Postnuptial Agreement Requirements for the Validity

  • Voluntary agreement. Postnuptial agreement must be signed voluntarily by both spouses. Neither spouse should be pressured, intimidated, or forced into signing something that he/she does not want.

  • Full financial disclosure. Complete financial disclosure, including all assets, debts, and income, must be presented by both parties. The agreement may be invalid if financial information is hidden or neglected.

  • Fair and reasonable terms. Every agreement will be revised by the court, and if terms of agreement seem one-sided, they will not be considered enforceable. Fairness in these situations is very important so that both parties are content.

  • Legal counsel. While not always required, it is important to mention that having independent legal counsel to assist spouses during the creation of the agreement will improve the clarity and fairness of the terms.

Signing Requirements for a Postnuptial Agreement


Both spouses must sign

Barnhill v. Barnhill


Both spouses must sign

Brooks v. Brooks


Both spouses must sign

Ariz. R. Fam. Law. proc. 69


Both spouses must sign

Stewart v. Combs


Both spouses must sign in the presence of an attorney or notary public

In re Marriage of Friedman


Both spouses must sign

Colo. Rev. Stat. § 14-2-306


Both spouses must sign

Bedrick v. Bedrick


Both spouses must sign

Hughes v. Peterson


Both spouses must sign

Casto v. Casto


Both spouses must sign

Spurlin v. Spurlin


Both spouses must sign

Chen v. Hoeflinger


Both spouses must sign in the presence of a notary public

I.C. § 32-917


Both spouses must sign

In re Marriage of Richardson


Both spouses must sign

Sanders v. Sanders


Both spouses must sign

In re Marriage of Cooper


Both spouses must sign

Davis v. Miller


Both spouses must sign

Luck v. Luck


Both spouses must sign

LA Civ Code Art. 2329


Not specified

No Statute


Both spouses must sign

Nouri v. Ghazirad


Both spouses must sign

Ansin v. Craven-Ansin


Both spouses must sign

Skaates v. Kayser


Both spouses must sign in the presence of two witnesses and a notary public

Minn. Stat. Ann. § 519.11(2)


Both spouses must sign

Barton v. Barton


Both spouses must sign

Lipic v. Lipic


Both spouses must sign in the presence of a notary public

Mont. Code Ann. § 40-2-312


Both spouses must sign in the presence of a notary public

Devney v. Devney


Both spouses must sign

Cook v. Cook

New Hampshire

Both spouses must sign

In re Estate of Wilber

New Jersey

Both spouses must sign

Pacelli v. Pacelli

New Mexico

Both spouses must sign in the presence of a notary public

N.M. Stat. Ann. § 40-2-4

New York

Both spouses must sign

Hershkowitz v. Levy

North Carolina

Both spouses must sign in the presence of a notary public or judicial officer

N.C. Gen. Stat. Ann. § 52-10

North Dakota

Both spouses must sign

N.D. Cent. Code Ann. § 14-03.2-05


Both spouses must sign

R.C. § 3103.06


Both spouses must sign

Boyer v. Boyer


Both spouses must sign

In re Marriage of Grossman


Both spouses must sign

Lugg v. Lugg

Rhode Island

Must be properly witnessed

Marsocci v. Marsocci

South Carolina

Not specified

No Statute

South Dakota

Both spouses must sign

S.D. Codified Laws § 53-8-2(2)


Both spouses must sign

Bratton v. Bratton


Both spouses must sign

Tex. Fam. Code Ann. § 4.104


Both spouses must sign

Peirce v. Peirce


Not specified

No Statute


Both spouses must sign

Va. Code Ann. § 20-149


Both spouses must sign in the presence of a witness and notary public

Wash. Rev. Code Ann. § 26.16.120

Washington, D.C

Not specified

No Statute

West Virginia

Not specified

No Statute


Both spouses must sign

Wis. Stat. Ann. § 766.58


Both spouses must sign

Long v. Long

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

  • No, you do not need a lawyer present while drafting a prenup. Spouses can create an agreement just by using the postnuptial agreement template. However, if there is something that is unclear or too complex to understand, then legal assistance is advisable.

  • Yes, a postnup agreement is as good as a prenup agreement, as they are both great legal tools for married couples to protect their interests. Deciding on which one to use generally depends on circumstances. If a couple decides to secure their future during marriage, they will have to form a postnup.

  • No, it is not too late for a postnuptial agreement. They can be arranged at any point during a marriage as long as both spouses agree to it.

  • A postnuptial agreement cannot include child custody and support matters. This is because the court wants these matters to be addressed at the time of separation or divorce. Some other terms that should not be included are personal matters, illegal provisions, and unfair terms.

  • The difference between a postnuptial agreement and a divorce is in purpose and legal procedures. A postnuptial agreement is a legal document that provides security in case the marriage ends, and divorce is a process that formally ends a marital relationship.

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