This document contains several post-nuptial agreement clauses. The subjects addressed are: Guarantee of support payments and the purchase of a second house as one spouse's separate property. The husband agrees to purchase a second house as wife's separate property in exchange for her waiver of all interest in his business venture.
Iowa Postnuptial Agreement Clauses
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US-APP1C
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FAQ
Prenuptial and postnuptial agreements do just that. Iowa courts have long favored these agreements because they allow the parties in a marriage to structure their financial and personal affairs to suit their needs and values and to achieve a level of certainty that is conducive to marital tranquility.
That's because Iowa courts have frowned upon postnuptial agreements for nearly a century, since 1912 when the Iowa Supreme Court first found postnuptial agreements to be of no validity.
With a postnuptial agreement, the couple is already legally bound and the spouses owe a fiduciary duty to each other. There may be a concern that the provisions in a postnuptial agreement were not bargained for because one spouse did not really have a choice about signing the agreement.
What Is Typically Included In a Postnuptial Agreement?How the couple will divide property and other assets in the event their marriage ends.Whether one spouse will pay spousal support and how for long such support payments will be continued.More items...
Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur.
Examples of valid consideration for postnuptial agreements include the following: (i) one spouse's duty to support the other spouse and the other spouse's right to compel that support; (ii) mutual promises which encompass various rights or duties of the parties (e.g., release by one spouse in the interest of the other
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.
