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How to Write a Postnuptial Agreement Step 1 ? Include Party Information. ... Step 2 ? Provide Property Information. ... Step 3 ? Include Business Information. ... Step 4 ? Provide Debts and Taxes Information. ... Step 5 ? Specify How You'll Divide The Marital Home. ... Step 6 ? Include Pet Information. ... Step 7 ? Add in the Final Details.
Postnups are not strictly legally binding, but they can be more likely to be upheld than prenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up.
Postnups should be made in writing and be signed by both parties and two witnesses. The agreement should set out all financial assets and debts of the marriage and explain how these will be distributed in the event of a divorce, dissolution of civil partnership or death. You can create your Postnuptial agreement.
Provided that the document is drafted properly then it is extremely difficult to challenge a postnuptial agreement. Pre and postnuptial agreements are not strictly enforceable, but if certain criteria are met a court is very likely to uphold the document.
Partition and exchange agreements (or in other words, agreements that convert community property into separate property or separate property into community property) are an example of postnuptial agreements.