This post-nuptial agreement template has 13 pages and is a MS Word file type listed under our legal agreements documents.
Sample of our post-nuptial agreement template:
POST-NUPTIAL AGREEMENT This Post-Nuptial Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR FULL NAME] ("Party A"), an individual with their main address located at: [COMPLETE ADDRESS] AND: [NAME OF SPOUSE] ("Party B"), an individual with their main address located at: [COMPLETE ADDRESS] WHEREAS Party A and Party B were married on [DATE] at [VENUE] in [PROVINCE/CITY/STATE], [COUNTRY]. WHEREAS both spouses presently own as separate property the real and/or personal property described in Schedules A and B of the Post-Nuptial Agreement. Schedule A contains a description of the property owned at the time of marriage by Party A as their sole and separate property, and Schedule C contains a description of their debts and obligations. Schedule B contains a description of the property owned at the time of marriage by Party B as their sole and separate property, and Schedule D contains a description of their debts and obligations. WHEREAS Schedule E contains the list of the real and/or personal property owned by the Parties jointly and Schedule F contains a description of debts and obligations of both the Parties in regard to the property listed in Schedule E, if any. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, both Parties agree as follows: INCOME DERIVED FROM SEPARATE PROPERTY The spouses desire to provide by this Agreement (a) that all income arising from Party A's separate property, as well as all income arising from the reinvestment of that income, will be their separate property and remain under their ownership, management, and control, both during this marriage and on its dissolution by death or court order, unless such separate property is otherwise voluntarily transferred from Party A to Party B by will or other written instrument; and (b) that all income arising from Party B's separate property and business, as well as all income arising from the reinvestment of that income, will be their separate property and remain under their ownership, management, and control, both during this marriage and on its dissolution by death or court order, unless such separate property is otherwise voluntarily transferred from Party B to Party A, by will and in writing. DEBT FROM SEPARATE PROPERTY All liabilities listed in Schedules C and D shall remain separate liabilities, and all liabilities listed in Schedule F shall remain joint liabilities, but all liabilities that each Party incurs individually as of the date of the execution of this Agreement shall be separate liabilities. CHARACTERIZATION OF SEPARATE/COMMUNITY PROPERTY The spouses desire to provide by this Agreement (a) that the property listed in Schedules A and C shall be considered Party A's separate property, unless such separate property is otherwise voluntarily transferred from Party A to Party B by will or other written instrument; and (b) that the property listed in Schedules B and D shall be considered Party B's separate property, unless such separate property is otherwise voluntarily transferred from Party B to Party A by will or other written instrument. The spouses desire to provide by this Agreement that the property listed in Schedules E and F shall be considered joint and community property. The spouses desire to provide by this Agreement that any property received via probate or inheritance shall be characterized as the recipient Party's separate property. The spouses desire to provide by this Agreement that any property received via gift shall be characterized as the recipient Party's separate property. The spouses desire to provide by this Agreement that any property received via settlement or judgment based on litigation, namely, personal injury, shall be characterized as the recipient Party's separate property. The spouses desire that, in the event property or debt acquired after the execution of this Agreement is difficult to characterize as either joint/community or separate, if there is an objective method to determine which person the property should belong to (such as the primary account holder), then the property should be considered the separate property of said person. If it is too difficult to objectively determine to whom the property or debt belongs, the spouses intend for it to be considered joint/community property. The spouses desire that, in the event property or debt acquired after the execution of this Agreement is difficult to characterize as either joint/community or separate, the property should be considered de facto joint/community property. DISPOSITION OF PROPERTY UPON DEATH Neither Party waives its share of the intestate estate upon the other Party's passing, and renounces all benefits that would otherwise pass to such Party by intestate succession. INCOME EARNED BY EACH PARTY The spouses desire to provide by this Agreement that any income received by each Party shall be considered that Party's separate income, and whatever property said income acquires shall be considered that Party's separate property, unless otherwise agreed to in writing. BANK ACCOUNTS The spouses desire to provide by this Agreement that both Parties shall divide the funds in its Joint Bank Account at the time of dissolution of marriage by court in the ratio of 50:50. SPOUSAL MAINTENANCE AND SHARE ON SALE OF PROPERTY The spouses desire to provide by this Agreement that, in the event of divorce, Party B limits its potential rights or claims against Party A for alimony, spousal maintenance or support, whether temporary or permanent to a total of [SPECIFY AMOUNT]. The Parties agree that the limit stated in clause 7.1 shall never vary. Party A shall give a share of [PERCENTAGE OF SALE] % out of the sale of the house of Party A. However, if the Parties decide to separate, then Party B shall vacate the house of Party A within a period of [NUMBER] days from the date of separation so that Party A can make the required decisions in regard to its house. CHILD SUPPORT If Party A and Party B have a child out of their wedlock, then at the time of separation, Party A shall assign [PERCENTAGE] % of its wealth to the child by way of fruitful investments and the child shall inherit that percentage of wealth at the age of twenty (20) and completely inherit the wealth at the age of thirty (30). ATTORNEY'S FEES The spouses desire to provide by this Agreement that if one of the Parties unsuccessfully contests the validity or enforceability of this Agreement or any provision hereof through litigation, that Party shall pay the reasonable attorney fees and costs incurred by the other Party in defending such challenge. EXECUTION OF DOCUMENTS Each spouse agrees to cooperate fully with the other spouse in performing all acts and in executing, acknowledging, and delivering any instruments or documents required to accomplish the intent of this Agreement. The spouses further agree to execute all instruments or documents within [NUMBER] days of receipt from the other spouse. SEVERABILITY If a court of competent jurisdiction deems any provision of this Agreement to be unenforceable, then such provision shall be severed from this Agreement, and the remaining provisions of this Agreement shall continue with full force and effect. GOVERNING LAW AND LANGUAGE This Post-Nuptial Agreement shall be governed by and construed and enforced in accordance with the laws of [STATE/PROVINCE], which law shall prevail in the event of any conflict of the Parties. The Parties hereto acknowledge that they requested that this Agreement and all related documents be drafted in English, that any notice to be given hereunder be given in English, and that any proceedings between the Parties relating to this Agreement be drafted in English. REPRESENTATION
