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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.

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.

In case of a divorce, the division of assets and alimony payout to the spouse happens as per conditions laid down in the prenup agreement. Prenups are prevalent in countries like the US and Australia and slowly gaining ground among Indian couples. However, it is not legal in India.

Secondly, a postnuptial agreement establishes certain terms that have been agreed to by both parties in advance of a separation. By agreeing to these terms in advance, both parties can avoid the time and cost of divorce proceedings.

A family lawyer will ensure that both your and your spouse's assets and debts are thoroughly vetted. This is important because courts can rule a postnup agreement is invalid if financial records aren't accurate in the contract.

However, if one party wants a postnuptial agreement after marriage, there is not an easy way for a party to get their spouse to agree to one. Ultimately, just like with a prenuptial agreement, both parties need to have independent legal counsel representing them.

India has no law on prenuptial or post nuptial agreements. Such agreements are not common in India and are contrary to Indian customs and views about marriage.

A prenuptial agreement is a contract written prior to a marriage that defines terms of divorce to foresee a positive outcome for both spouses in the event of a dissolution. A postnuptial agreement is a simple prenuptial but written after a marriage is performed.

You can create your Postnuptial agreement. In the case of complex financial arrangements, you should Ask a lawyer for advice on creating your document. Note that an independent lawyer should also provide advice to both parties in advance of it being signed, to ensure that they are aware of its implications.

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.