Postnuptial Agreement

POSTNUPTIAL AGREEMENT

THIS POSTNUPTIAL AGREEMENT (“Agreement”) is made on [Date],
BETWEEN:
[Party A Full Name], residing at [Party A Address] (“Party A”),
AND
[Party B Full Name], residing at [Party B Address] (“Party B”).

RECITALS

WHEREAS, Party A and Party B (collectively, the “Parties”) are legally married as of the date of this Agreement;
WHEREAS, the Parties desire to define their respective rights and obligations regarding property, assets, debts, and other matters during the marriage and in the event of separation, divorce, or death;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. DEFINITIONS

1.1 “Separate Property” means all property, assets, and debts owned by each Party prior to the marriage, as well as any property acquired individually by either Party during the marriage by gift, inheritance, or with Separate Property funds, as listed in Schedule A attached hereto.

1.2 “Marital Property” means all property, assets, and debts acquired by the Parties jointly during the marriage, except as otherwise provided in this Agreement.

2. DISCLOSURE OF ASSETS AND DEBTS

2.1 Each Party affirms that they have made a full and fair disclosure of all assets, liabilities, and financial obligations as of the date of this Agreement, as detailed in Schedule A (Party A) and Schedule B (Party B) attached hereto.

3. SEPARATE PROPERTY

3.1 Each Party’s Separate Property, as listed in the attached schedules, shall remain the sole and exclusive property of that Party.

3.2 Neither Party shall claim any interest in the Separate Property of the other, whether acquired before or during the marriage, except as expressly provided herein.

4. MARITAL PROPERTY

4.1 Any property acquired jointly by the Parties during the marriage, unless otherwise specified, shall be considered Marital Property and owned equally by both Parties.

4.2 The Parties may, by mutual written agreement, designate any property acquired during the marriage as Separate Property.

5. DEBTS

5.1 Each Party shall be solely responsible for debts incurred in their own name before and during the marriage, unless expressly agreed otherwise in writing.

5.2 Joint debts incurred in both Parties’ names during the marriage shall be the joint responsibility of both Parties.

6. SPOUSAL SUPPORT / MAINTENANCE

6.1 [Optional: Insert specific terms regarding spousal support/maintenance upon separation or divorce, or state “The Parties waive any right to spousal support from each other.”]

7. ESTATE RIGHTS

7.1 Except as otherwise provided herein, nothing in this Agreement shall prevent either Party from making gifts or bequests to the other by will or otherwise.

7.2 Each Party waives any right to inherit from the other’s estate except as expressly provided herein or by written will.

8. EFFECT OF DIVORCE OR SEPARATION

8.1 In the event of a legal separation or divorce, the terms of this Agreement regarding the division of property, debts, and spousal support shall govern, unless a court determines otherwise.

9. AMENDMENT AND TERMINATION

9.1 This Agreement may be amended or terminated only by a written agreement signed by both Parties.

10. GOVERNING LAW

10.1 This Agreement shall be governed by and construed in accordance with the laws of [Governing Law State/Country].

11. ENTIRE AGREEMENT

11.1 This Agreement constitutes the entire understanding between the Parties regarding the subject matter herein and supersedes all prior agreements, whether written or oral.

12. SEVERABILITY

12.1 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. VOLUNTARY EXECUTION

13.1 Each Party acknowledges that they have read and understood this Agreement, and that they are entering into it voluntarily, free from duress, undue influence, or coercion.

13.2 Each Party acknowledges that they have had the opportunity to seek independent legal advice before signing this Agreement.

14. NOTICES

14.1 Any notice required or permitted under this Agreement shall be in writing and delivered to the Parties at their respective addresses stated above (or as otherwise notified in writing).

15. COUNTERPARTS

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

16. DISCLAIMER

This document is a template and may not be suitable for all situations. The parties should consult with legal counsel before signing this agreement.

IN WITNESS WHEREOF, the Parties have executed this Postnuptial Agreement as of the date first written above.

Witnessed by:
Name: [Witness Name]
Signature: [Witness Signature]
Date: [Date]

Schedule A: Party A’s Separate Property
[Attach detailed list]

Schedule B: Party B’s Separate Property
[Attach detailed list]