Download Wyoming Postnuptial Agreement Form [PDF]

The postnuptial agreement in Wyoming is a legal document that the parties who are already married use to define their financial and non-financial relationships. Also, the spouses can use the postnuptial agreement to determine how the marital property will be divided in case they get divorced.

There is a difference between postnuptial and prenuptial agreements. With the prenup agreement, the parties are signing the document before they get married. However, with the postnup agreement, the parties must already be married before they can sign the document.

The most important benefit of the postnuptial agreement is that it can prevent potential misunderstandings and disputes between spouses and potentially save them a lot of time and resources if they get divorced.

Laws and Legal Requirements for a Postnuptial Agreement in Wyoming

The laws and legal requirements for a postnuptial agreement in Wyoming are outlined in the court cases of the Wyoming state courts, as well as a few provisions of the state law.

The most important court case in Wyoming defining what the postnuptial agreement in that case should look like is Combs v. Sherry-Combs (1993).

Here, the court came to the conclusion that “[a] postnuptial agreement is created when the parties execute an agreement following the marriage ceremony, even if the agreement is negotiated and drafted prior to the marriage.”

Signing Requirements for a Postnuptial Agreement in Wyoming

The signing requirements for a postnuptial agreement in Wyoming stipulate that the postnup agreement should be made in written form. Moreover, both spouses are required to sign the document personally or through their legal representative.

The state law, however, doesn’t require the parties to notarize their agreement. Regardless, the parties should still consider completing this step since it can additionally confirm the authenticity of the document.

The notarization process is not as complicated as it might seem. The notary public will confirm the identity of the parties signing the document and acknowledge that they have personally signed it.

Postnuptial Agreement Enforcement in Wyoming

The Wyoming postnuptial agreement must fulfill several requirements to be considered enforceable.

First, the postnuptial agreement must include a truthful and complete overview of each party’s financial status. This means that each party should provide a list of all of their assets and liabilities acquired before signing the agreement.

Besides that, both spouses must sign the agreement voluntarily. This means that there should be no influence, fraud, coercion, duress, or any other kind of manipulation of the other spouse's free will to enter the agreement.

Finally, the terms of the agreement should be fair and reasonable for both spouses.

What Can a Postnuptial Agreement in Wyoming Cover?

The postnuptial agreement in Wyoming can cover different matters related to the individual and marital property of the spouses.

In the following section, you can see some of the matters that are most commonly covered by the Wyoming postnuptial agreement template:

However, the parties are not allowed to regulate matters like child support and custody since this matter is exclusively decided upon by the relevant court.

Postnuptial Agreement in Wyoming: Validity Criteria

The Wyoming postnuptial agreement form must fulfill the basic formality criteria set by the state law to be considered valid. This means that the document must be in written form and that both parties must sign it.

In addition, the validity of the postnuptial agreement depends on the existence of the marriage. This means that the document will be considered valid only if the parties have signed and executed it after they entered the marriage.