Postnuptial agreements are becoming increasingly popular among couples. A postnuptial agreement is a legal document that is signed by a couple after they are married. This document outlines how assets and other properties will be divided in the event of a divorce or separation. If you are considering a postnuptial agreement, it is important to understand what it involves and the key components of the agreement. In this article, we will provide a sample of postnuptial agreement to help you understand the details involved.
Introduction
This postnuptial agreement is entered into between _____________ (hereinafter referred to as “Husband”) and ____________ (hereinafter referred to as “Wife”) on ___________ (date).
Purpose
The purpose of this agreement is to establish the rights and obligations of the parties with respect to all property, both real and personal, that is owned by them or acquired during the marriage.
Property
The property that is subject to this agreement includes all property, real or personal, owned by either party on the date of the marriage, as well as any property that is acquired before or after the date of this agreement.
Division of Property
In the event of a divorce or separation, the parties agree to divide any property that is subject to this agreement in the following manner:
• Each party shall retain his or her separate property.
• All property that is jointly owned shall be divided equally, with each party receiving half of the value of the property.
• If the parties own a business together, the business shall be valued and each party shall receive his or her respective percentage of the business.
• Any property acquired after the date of this agreement shall be divided equally, with each party receiving half of the value of the property.
Debts
The parties agree that each shall be responsible for his or her own debts. Furthermore, each party agrees to indemnify and hold harmless the other from any liability arising from any debts or obligations incurred prior to or during the marriage.
Modifications to Agreement
This agreement may be modified or amended only by a written agreement signed by both parties.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the state in which the parties reside.
Conclusion
A postnuptial agreement is a legal document that can help couples protect their assets and property in the event of a divorce or separation. It is important to consult with a lawyer before entering into a postnuptial agreement. This sample postnuptial agreement provides a good overview of the key components of the agreement, but it is not a substitute for legal advice. By understanding the details of a postnuptial agreement, couples can make informed decisions and protect their assets.