Sample Postnuptial Agreement

6.6 Both parties guarantee that nothing in this post-marital contract affects the rights of the children of the marriage (whether biological or adopted), including the right to support. They have the possibility to demand the settlement of disputes by mediation and/or arbitration. In mediation, an impartial mediator helps the parties discuss the legality of their conflict in order to reach an agreement. Arbitration is similar, except that the arbitrator makes a legally binding decision on the dispute and has the same authority as a judge. This can avoid the time and costs associated with the formal court system. The main difference between marital agreements and terminated agreements is timing. 10. CONFIDENTIALITY Each party irrevocably declares that it will keep confidential the content of this post-marital contract and undertakes to exempt the other party from any loss resulting from knowledge of the existence of this contract or its contents. PandaTip: This is a likely area of attack, so the parties might want to initialize this clause to show that it has been read and understood.

If either or both parties have used legal advice (whether common or individual), it should be included in the above clause, since it confers the validity of this contract. While there are differences in the laws and legal treatment of successive contracts in different states, one constant applies: a spouse who plans and prepares to divorce his or her husband or wife and convinces them to sign an additional contract has committed a fraudulent act. Succession agreements are not applicable in the event of fraud. Signing a terminated contract helps avoid many frequent charges and often leads to a healthier relationship with your spouse. (If you`re not married yet, you should use a marriage contract to achieve these goals instead.) To ensure that your agreement is valid, you must ensure that it is executed correctly. If the parties are willing to sign, they should start at the end of each page of the agreement to show that each page has been read. You should then sign in the presence of a notary and two witnesses (three witnesses are required in New Hampshire and Vermont). We evaluate your project and help you caress these basic elements for a robust agreement that lawyers can understand quickly and advise effectively. Since we maintain the high quality of contracts that lawyers receive, they know how much work it should be needed, and all this will allow you to make considerable savings. It is important to recognize that courts are not required to comply with any provision of an additional contract. For example, in some States, courts are not necessarily required to comply with the provisions on matrimonial assistance.

Divorce and family courts must first determine which provisions of the marital marriage contract are actually respected. . . .