How to Get a Postnuptial Agreement

Couples hire attorneys to assist in creating a postnuptial agreement.

A postnuptial agreement is an agreement made by a married couple or a couple in a civil union. This agreement is made after the marriage instead of before the marriage. It outlines the distribution of assets and debts between the couple in the event of a divorce or separation. Married couples typically discuss all pertinent issues together and write them down. The couple each hires an attorney to represent them individually. The attorneys check the agreement over and determine if it appropriately protects the client and if it abides by all rules and regulations of the state.

Instructions

1. Discuss the need for a postnuptial agreement. A couple should discuss the reasons for obtaining a postnuptial agreement. Both parties must agree to it in order for it to be created and legal. Many times a couple decides to get one if one person's financial status has significantly changed or is predicted to significantly change in the future.

2. List all assets and debts. The couple should list all assets owned and all debts owed. This list should be clear and detailed. The list should allocate how assets and debts will be divided between the couple if a divorce arises. Rental properties should be included along with all major valuables and heirlooms.

3. Determine alimony and child support aspects. If a couple has children, the couple should decide how custody issues will work and any issues regarding child support or alimony.

4. Discuss future inheritances. If one or both parties anticipate the receipt of an inheritance in the future, it should be discussed in the postnuptial agreement. The couple should decide exactly how future inheritances will be handled. If any other important financial issues are prevalent, the couple should discuss them and agree on how they are to be handled.

5. Parties should hire their own attorneys for a postnuptial agreement. This is done so that each party is protected against losing more than necessary or not gaining what he or she is entitled to. The attorneys may modify the agreement as needed.

6. Sign the documents after reviewing them. After the attorneys have reviewed them and made any appropriate changes, the couple should each read the agreement to verify that all contents within the arrangement is what they agree with. After verifying the accuracy of all the details, each person should sign the agreement. It is then filed with the state and is a legal document.

References

• Equality in Marriage: Creating a Postnuptial Agreement
• American Bar Association: Prenuptial and Postnuptial Agreements