Free Postnuptial Agreement Template (International Legal Sample) (2022)

Table of Contents
Schedule A Schedule B FAQs Videos

This Postnuptial Agreement (the “Agreement”) sets out the terms and conditions upon which HUSBAND NAME (the “Husband”) and WIFE NAME (the “Wife”) shall manage their financial and legal affairs in the event of their separation or divorce (together, the “Parties”).

WHEREAS: The Parties have been married since [DATE] (the “Marriage”).

WHEREAS: The Parties are living together.

WHEREAS: The Parties are each desirous of formalizing their respective joint and several financial and legal rights, obligations, liabilities, and property rights in the event of their separation or divorce, or in the event of annulment of their Marriage.

WHEREAS: The Parties intend this postnuptial Agreement to become effective immediately.

WHEREAS: The Parties have made a complete and accurate disclosure of their intended separation of assets and liabilities (Schedules A and B).

NOW, THEREFORE, IT IS HEREBY AGREED as follows:

1. DEFINITIONS: In this postnuptial Agreement:

1.1 “Income” shall mean any income arising due to the commercial activity, work, employment, endeavors, skills, passive holding of assets, dividends, inheritance, pensions, interest, rent, inheritance, investments, property, or arising from any other source.

1.2 Unless it is evident from the context and having regards to the generality of this postnuptial Agreement that a clause intends to mean otherwise: words denoted in the singular only shall include the plural and vice versa; words denoted in any gender shall include all genders; and, terms denoting people or persons shall include both natural and legal persons (such as corporations) and vice versa.

1.3 The heading names in this postnuptial Agreement are provided as reference only and do not form part of this postnuptial Agreement.

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1.4 This postnuptial Agreement may be executed in both English and other languages. If there is a conflict between this postnuptial Agreement in its various translations, the English version shall prevail.​

1.5 The illegality or unenforceability of any clause (or part thereof) shall have the effect of voiding that clause (or part thereof) only and not the entirety of this postnuptial Agreement.

2. EXCLUSIVE JURISDICTION OF THIS AGREEMENT:

Both Parties agree and declare that, in the event of their separation or divorce, or on termination of their Marriage (including by annulment), they will submit to the exclusive jurisdiction of this postnuptial Agreement and irrevocably waiver the right to make any claims arising out of the Marriage against the estate of the other except under this postnuptial Agreement.

3. DIVISION OF PROPERTY: Both Parties hereby agree:

3.1 That in the event of separation, divorce or the annulment of the Marriage, the Wife shall transfer to the Husband all that property and Income and any interest in said property or Income listed in Schedule A and shall waiver, renounce and relinquish any and all rights over said property in favor of the Husband.

3.2 That in the event of separation, divorce or the annulment of the Marriage, the Husband shall transfer to the Wife all the property and Income and any interest in said property or Income listed in Schedule B and shall waiver, renounce and relinquish any and all rights over said property in favor of the Wife.

3.3 That any property not expressly included in Schedule A and Schedule B shall be divided by agreement between the Parties at the time of separation, divorce, or annulment and, if agreement cannot be reached between the parties, then the matter shall be determined by an arbitrator in accordance with clause 11.

3.4 That the above clauses (3.1, 3.2, and 3.3) shall apply notwithstanding any investment by one Party of time, effort, or money in the maintenance, improvement, or other betterment of the property of the other Party.

3.5 That the above clauses (3.1, 3.2 and 3.3) shall apply notwithstanding any behavior, agreement, promise, or course of action which purports to confer the rights or obligations of one Party upon the other Party unless it be formalized in accordance with clause 8 of this postnuptial Agreement.

4. DIVISION OF DEBTS AND OBLIGATIONS: Both Parties hereby agree:

4.1 That in the event of separation, divorce, or the annulment of the Marriage, the Husband shall assume full and sole responsibility for those debts, obligations, or other liabilities set out in Schedule A and agrees to indemnify and keep indemnified the Wife against any and all actions of losses brought in respect of those debts, obligations, or other liabilities.

4.2 That in the event of separation, divorce, or the annulment of the Marriage, the Wife shall assume full and sole responsibility for those debts, obligations, or other liabilities set out in Schedule B and agrees to indemnify and keep indemnified the Husband against any and all actions of losses brought in respect of those debts, obligations, or other liabilities.

5. INTENTION TO FORM BINDING RELATIONS: It is agreed that:

5.1 The Parties warrant that they have thoroughly read and understood every clause in this postnuptial Agreement.

5.2 The Parties warrant that they are aware that this postnuptial Agreement is a binding legal document and that they have each been given adequate time to consider the consequences of signing it.

5.3 The Parties warrant that they are entering into this postnuptial Agreement entirely of their own free will and volition and expressly declare that they are acting entirely free from any kind of influence, interference, pressure (financial or otherwise), duress, or undue influence from any third-party whatsoever.

5.4 The Parties declare that they have each had the opportunity to take legal advice in connection with entering into this postnuptial Agreement and each has either a) done so, or b) deemed it not necessary to do so.

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5.5 The Parties hereby expressly waiver their rights to dispute this postnuptial Agreement on the basis of lack of autonomy, duress, undue influence, lack of volition, or lack of understanding.

5.6 Both Parties warrant that this postnuptial Agreement is fair and accurately reflects their intention generally and with regard to past and future assets and liabilities.

6. OTHER WARRANTIES:

6.1 Both Parties warrant that they have the necessary power and approval to enter into this postnuptial Agreement.

6.2 Both Parties warrant that they are not aware of anything in their reasonable control that will or could have an adverse effect upon their ability to perform their respective obligations hereunder.

6.3 Each Party warrants that there is no litigation currently in progress, likely to be commenced, or threatened that could adversely affect the other Party’s position.

6.4 The failure or delay by either Party to enforce any term of this postnuptial Agreement or to act upon a breach of any term shall not constitute a waiver of their rights.

6.5 Each Party expressly and irrevocably warrants they they have thoroughly read and understood the contents of both Schedule A and Schedule B.

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6.6 Both Parties warrant that nothing in this postnuptial Agreement shall affect any rights of any children of the Marriage (whether biological or adopted), including the right to support.

7. DURATION:

This postnuptial Agreement shall commence on the date of its execution and shall have effect indefinitely unless it is cancelled by the express agreement in writing of both the Parties pursuant to clause 8.

8. VARIATION:

Any variation to this postnuptial Agreement shall be made in writing and signed by both parties.

9. NOTICES:

Any notice served under this postnuptial Agreement shall be made in writing and shall be considered served if it is handed to the other Party in person or delivered to their last known address or any other such address the Party being served may have notified as his address for service. All notices shall be delivered in English.

10. CONFIDENTIALITY:

Each Party irrevocably declares that they will keep the contents of this postnuptial Agreement confidential and agree to indemnify the other against any and all losses arising from their making of the existence of this postnuptial Agreement or its contents known publicly.

11. GOVERNING LAW, DISPUTES, AND ARBITRATION: It is agreed that:

11.1 The postnuptial Agreement is made under the exclusive jurisdiction of the laws of [STATE].

11.2 Disputes under this postnuptial Agreement shall be subject to the exclusive jurisdiction of the courts of [STATE].

11.3 Notwithstanding the terms of 11.2, both Parties agree that, in the event of a dispute, they will enter into arbitration before the International Chamber of Commerce before a single arbitrator whose decision shall be final.

Signed and executed this DAY of MONTH YEAR.

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[Sender.Company]

Signature

MM/DD/YYYY

[Sender.FirstName][Sender.LastName]

[Client.Company]

Signature

MM/DD/YYYY

[Client.FirstName][Client.LastName]

Schedule A

List of Property Due To Husband

List of Debts and other Obligations Due To Husband

Schedule B

List of Property Due To Wife

(Video) Changing marriage contract

List of Debts and other Obligations Due To Wife

FAQs

Can you write your own post nup? ›

Yes, you can technically write your own postnuptial agreement, but the question is: should you? While you can likely find templates online, it is still difficult for the average person, who is not a legal professional, to draft such a complex legal document.

Is a postnuptial agreement legally binding? ›

A Postnuptial Agreement is a contract between spouses. Therefore, courts enforce Postnuptial Agreements like other contracts. To be legally binding, Postnuptial Agreements must follow these requirements: The agreement wasn't obtained through fraud, duress, deceit, coercion, mistake, or misrepresentation.

What Cannot be included in a postnuptial agreement? ›

In fact, prenuptial and postnuptial agreements can only include information about financial matters and so should not include terms related to family matters, physical arrangements, or employment.

Is a postnuptial agreement a good idea? ›

The Bottom Line

In certain marital situations, a postnup is strongly recommended for spouses who didn't sign a prenup. Postnups are particularly beneficial when one or both partners have significant pre-marital assets or children from previous marriages.

What is a post-nuptial certificate? ›

What people may not know is that you can still enter into an agreement to do this, even after the marriage has occurred. This is known as a Post-nuptial Agreement. Post-nuptial Agreements are for people who are married or in a civil partnership, and are made after the marriage or civil partnership has taken place.

How long does postnuptial take? ›

On average, putting together a postnuptial agreement for a high-asset couple will take two to four months. As with any contract, proceed deliberately, and never sign any agreement in a hurry and without legal and financial advice.

Is it too late to get a prenup after marriage? ›

Is it too late? The answer is yes, it is too late to get a prenuptial agreement after the marriage has begun. However, you are not out of options. You can still get a postnuptial agreement, which acts the same as a prenuptial agreement.

Can you write your own post nuptial agreement in Texas? ›

In Texas, a postnuptial or marital property agreement is acceptable in court as long as it meets the proper requirements. Each party should obtain a lawyer and a neutral third party, preferably another lawyer, to look over the draft before finalizing.

Are post NUPS as good as prenups? ›

A prenup is more likely to be enforceable than a postnup if one of the signers attempts to dispute it following dissolution of the union. Divorce courts tend to presume that coercion is less likely when independent people are signing before they are actually married and have mixed their assets.

Do post nuptial agreements hold up in court UK? ›

In England and Wales post-nuptial agreements are not strictly binding in the event of a later divorce, but the terms of a post-nuptial agreement may be decisive in the event of a dispute dealt with by the court unless the effect of the agreement would be unfair.

Can a postnuptial agreement protect inheritance? ›

When you are already married, you still have options to protect inherited assets. You could sign a postnuptial agreement with your spouse. This type of agreement is similar to a prenup and addresses similar topics. You could opt to sign a postnup after marriage, agreeing to keep the inheritance as separate property.

Can a prenup be voided after death? ›

Of the two documents, a prenup is the one more likely to take priority, assuming it was negotiated fairly, after the death of spouse. Although one of the spouses may have died, the prenuptial agreement is still binding if the other party to the agreement is still alive to receive the property.

Whats the difference between a prenup and a postnup? ›

Prenuptial (before marriage) and postnuptial (after marriage) agreements spell out how a couple will divide their assets if their marriage dissolves.

What does a post-nuptial agreement look like? ›

A Postnuptial Agreement is similar to a Prenuptial Agreement because both documents outline the terms of a potential separation or divorce. However, a Postnuptial Agreement is distinctive because you create one after you've married your spouse. In contrast, you can only create a prenup before you marry.

What is a post-nuptial citizenship? ›

People such as yourself used to be able to apply for Irish citizenship at an Irish consular post through a post-nuptial declaration that did not require a period of residency in Ireland.

What is the difference between post-nuptial agreement and separation agreement? ›

Post-nuptial agreements are made after the parties are already married. Separation agreements are a form of a post-nuptial agreements but have the added element that the husband and wife may become legally separated after the execution of the document.

What are pre and post nuptial agreements? ›

A Prenuptial Agreement is a contract that couples choose to enter into before they are married that sets forth the terms if they choose to separate or divorce. A Postnuptial sets forth such terms but is entered into after a couple is married.

Can I write my own post nuptial agreement in NJ? ›

You and your spouse may draft a postnuptial agreement regardless of the state of your marriage. Plenty of perfectly happy couples draft postnuptial agreements, especially when there is a significant shift in financial circumstances.

Are postnuptial agreements valid in Washington state? ›

Postnuptial agreements is a relatively new concept and it does not have the amount of precedent to provide a solid ground for enforceability. In Washington State the courts have enforced postnuptial agreements provided they meet certain standards.

What is the difference between a prenup and Postnup? ›

A prenuptial agreement (or prenup) is a contract that a couple enters into prior to marriage that outlines all the terms of divorce in the event of dissolution. A postnuptial agreement (or postnup) is simply a prenup that is created after the marriage takes place.

How do I file a postnuptial in California? ›

Before you decide to sign a marital contract, there are some things you should know about California's postnuptial agreement law.
...
Agreements Must Comply With Requirements
  1. The agreement must be in writing.
  2. The terms must be lawful and fair to both parties.
  3. It must be signed by both parties.
  4. The contract must be notarized.
Oct 6, 2020

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3. Prenuptial Agreements - The Basics
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4. Negotiations and Your Divorce: The Single Biggest Mistake You Can Make
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5. Second International Forum on Nuptial Agreement
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6. Family Law: Prenuptial Agreements
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