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Postnuptial Agreement template
Postnuptial Agreement sample


What is Postnuptial Agreement?

Postnuptial Agreement Similar to a prenuptial agreement but entered into after marriage, it specifies financial matters and asset division in the event of separation.



Sample template:



POSTNUPTIAL AGREEMENT

BETWEEN ALEX BOLT AND EMILY KENT


1. PREAMBLE

This Postnuptial Agreement (hereinafter referred to as the "Agreement") is entered into by and between:



Alex Bolt, hereinafter referred to as "Party A", and


Emily Kent, hereinafter referred to as "Party B".



Each individually referred to as a "Party" and collectively known as the "Parties."



Whereas, the Parties were lawfully married under the laws of the United States of America on the ____ day of ________, 20_____, and



Whereas, the Parties desire to define and clarify their respective rights and obligations concerning the distribution of assets, debts, and financial support in the event of marriage dissolution, legal separation, or divorce;



Now, therefore, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:



2. ACKNOWLEDGMENTS

2.1. Financial Disclosure


The Parties have made full, true, and accurate disclosure to each other of their individual financial circumstances prior to the execution of this Agreement, including but not limited to, all assets, liabilities, income, and expectations of gifts or inheritances. Each Party acknowledges that they understand and accept the financial circumstances of the other Party as set forth in this Agreement.



2.2. Independent Legal Counsel


Each Party acknowledges that they have had the opportunity to engage independent legal counsel at their own expense and has had the contents of this Agreement explained to them by their respective legal counsel.



2.3. Voluntary Agreement


Each Party acknowledges that they have entered into this Agreement freely and voluntarily and not under duress or undue influence, and further acknowledges that they understand the legal consequences of this Agreement.



3. SEPARATE PROPERTY AND DEBTS

3.1. Maintenance of Separate Property


Except as otherwise specifically agreed to in this Agreement, each Party shall maintain as their separate property, all property and financial interests owned or held by them before the date of marriage and any property obtained by them after the date of execution of this Agreement, including, but not limited to, gifts, inheritances, and proceeds from the sale or disposition of separate property (collectively "Separate Property"). Separate Property shall not be subject to distribution in the event of dissolution, legal separation, or divorce.



3.2. Liability for Separate Debts


Except as otherwise specifically agreed to in this Agreement, each Party shall be solely responsible for the payment of any separate debts incurred by them before or after the date of execution of this Agreement. Separate debts shall include, but not be limited to, any debts or liabilities incurred in relation to the acquisition, maintenance, or disposition of separate property.



4. MARITAL PROPERTY AND DEBTS

4.1. Equitable Distribution of Marital Property


In the event of dissolution, legal separation, or divorce, the Parties shall equitably divide all property acquired or held during the marriage which is not deemed to be separate property as defined in section 3.1 of this Agreement ("Marital Property"). The equitable distribution of Marital Property shall be subject to the laws governing the division of marital property in the jurisdiction where the dissolution, legal separation, or divorce is filed.



4.2. Liability for Marital Debts


Except as otherwise specifically agreed to in this Agreement, the Parties shall be jointly and severally liable for the payment of any debts or liabilities incurred during the marriage and not deemed to be separate debts as defined in section 3.2 of this Agreement ("Marital Debts"). The apportionment of responsibility for the payment of Marital Debts shall be subject to the laws governing the allocation of marital debts in the jurisdiction where the dissolution, legal separation, or divorce is filed.



5. SPOUSAL SUPPORT

5.1. Waiver of Spousal Support


Subject to the laws governing spousal support in the jurisdiction where the dissolution, legal separation, or divorce is filed, the Parties hereby waive any and all rights to receive spousal support, alimony, or maintenance from one another, either temporary or permanent, in the event of dissolution, legal separation, or divorce.



5.2. Modification of Existing Agreements


The terms of this Agreement shall supersede and replace any prior agreement or understanding between the Parties concerning spousal support, whether written or oral, and any such prior agreement or understanding shall be deemed null and void upon the execution of this Agreement.



6. GENERAL PROVISIONS

6.1. Governing Law


This Agreement shall be governed by and construed under the laws of the United States of America.



6.2. Entire Agreement


This Agreement constitutes the entire understanding between the Parties concerning the subject matter hereof, and supersedes all prior agreements and understandings, whether oral or written.



6.3. Amendments


This Agreement may only be modified or amended by a written agreement executed by both Parties.



6.4. Severability


If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect without being impaired or invalidated in any way.



6.5. Counterparts


This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same agreement.



6.6. Binding Effect


This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns.



IN WITNESS WHEREOF

The Parties have executed this Agreement on the dates set forth below, to be effective as of the date first above written.



______________________________ ______________________________


Alex Bolt (Party A) Emily Kent (Party B)


Date: _____________________ Date: _____________________

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Common Sections of a Postnuptial Agreement


In this Postnuptial Agreement, you will see the following sections:

  1. Preamble
  2. Acknowledgments
  3. Separate Property and Debts
  4. Marital Property and Debts
  5. Spousal Support
  6. General Provisions


Summary of each section:

  1. Preamble : This section introduces the agreement and the parties involved (Alex Bolt and Emily Kent). It states that the purpose of the agreement is to define and clarify the rights and obligations of each party regarding the distribution of assets, debts, and financial support in case of marriage dissolution, legal separation, or divorce.

  2. Acknowledgments : This section covers three main points: (1) Both parties have disclosed their financial circumstances to each other, (2) Both parties had the opportunity to consult with independent legal counsel, and (3) Both parties entered the agreement voluntarily and understand its legal consequences.

  3. Separate Property and Debts : This section states that each party will maintain their separate property (assets owned before marriage or acquired after the agreement) and be responsible for their separate debts (debts incurred before or after the agreement). These separate properties and debts will not be subject to distribution in case of marriage dissolution, legal separation, or divorce.

  4. Marital Property and Debts : This section explains that in case of marriage dissolution, legal separation, or divorce, the parties will equitably divide all property acquired during the marriage (except separate property). Both parties will also be jointly responsible for any debts incurred during the marriage. The distribution of marital property and debts will be subject to the laws of the jurisdiction where the dissolution, legal separation, or divorce is filed.

  5. Spousal Support : This section states that both parties waive their rights to receive spousal support, alimony, or maintenance from each other in case of marriage dissolution, legal separation, or divorce, subject to the laws of the jurisdiction where the case is filed. This agreement supersedes any prior agreements concerning spousal support.

  6. General Provisions : This section covers various general provisions, such as governing law (United States of America), the entire agreement clause (this agreement supersedes all prior agreements), amendments (must be in writing and signed by both parties), severability (invalid provisions do not affect the remaining provisions), counterparts (multiple copies of the agreement are considered original), and binding effect (the agreement is binding on both parties and their successors).

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