Postnuptial Agreement

There are many reasons for a couple to skip the prenuptial agreement before getting married. Perhaps neither of them owned any assets of significance then.

After the marriage, if one or both of them change their mind, perhaps because things have since changed, they could decide to enter into a Postnuptial Agreement.

What Is a Postnuptial Agreement?

The Postnuptial Agreement describes what is agreed upon between two spouses as to what will happen to joint and separate assets in the event of divorce or death.

The document has several essential applications. The first is to reconcile any earnings or debt differences between the two spouses. You can also use it to decide what will happen to properties and assets like business interests, real estate, and stocks. If the married couple has children from a previous marriage, the postnup can take care of the prenuptial children. A family court post-divorce will address custodial issues like custody of the children, visitation rights, and child support.

Other Names for Postnuptial Agreement

Depending on your state, a Postnuptial Agreement may also be known as:

• Postnup
• Post-Marital Agreement
• Postnuptial Agreement Form

Who Needs a Postnuptial Agreement?

Most commonly, a Postnuptial Agreement is only necessary if one of the spouses has an outsized estate (compared to the other spouse) that they would like to protect. It is also a way to protect your spouse's liabilities against any potential inheritance after a divorce.

Why Use Swyft Forms for Your Postnuptial Agreement?

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Postnuptial Agreement.

Specific to Your Jurisdiction

Laws vary by location. Each document on Swyft Forms is customized for your state.

How to Create a Postnuptial Agreement with Swyft Forms

Postnuptial Agreements are legal in all states with differing enforcement rules. Apart from reasonableness and fairness, you must also include the necessary provisions according to your state of residence.

Let Swyft Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Postnuptial Agreement?

To create your document, please provide:

• Spouse A Details: The legal name, current address, and contact information of one of the spouses.
• Spouse B Details: The legal name, current address, and contact information of the other spouse.
• The Effective Date: The date when the agreement becomes effective.
• Governing Law: The state's legal system applicable in the event of a divorce.
• Disclosure: Declare the spouses have fully disclosed all their assets.
• Property: Describe how all properties and other assets owned are to be distributed in the event of death or divorce.
• Debts: List all debts incurred and the liabilities of each spouse after a divorce.
• Additional Clauses: Any other provisions the married couple would like to include.
• Legal Representation: The names of the attorneys, as applicable.
• Witness: The name of the witness present at the signing.
• Signatures: Both spouses and the witness will sign the agreement.

Postnuptial Agreement Terms

• Commingling: As is often the case in a marriage, this is the combination, with blurred delineation, of marital and non-marital finances.
• Estate Planning: The planned distribution of all your assets after death.
• Separation Agreement: A contract entered into by spouses who have decided to live separately.
• Alimony: Spousal support is usually imposed if one spouse has a higher income.
• Disclosure: In the context of a Postnuptial Agreement, this is the declaration of debts and assets.
• Amendment: What is added to an existing agreement, either to add terms or change existing terms.
• Affidavit of Execution: A sworn statement by a witness.
• Severability: The quality of a document, such as an agreement or lawmakers' bill, being valid even when some parts or provisions are struck out.
• UPAA: The Uniform Premarital Agreement Act.

Postnuptial Agreement Signing Requirements

After you print out the Postnuptial Agreement, read it carefully, and before you sign it, you might want to consult a lawyer if you are not sure about anything. Furthermore, a witness must be present at the signing, though notarization is optional.

What to Do with Your Postnuptial Agreement?

The Postnuptial Agreement does not have to be filed with a court. Each of the two spouses should have their own copy for safekeeping and future reference.