Postnuptial Agreement

POSTNUPTIAL AGREEMENT

Table of Contents

1. Parties and Recitals
2. Purpose and Intent
3. Financial Disclosure
4. Property Classification
5. Division of Assets
6. Division of Debts
7. Spousal Support
8. Estate Planning Coordination
9. Enforceability Provisions
10. General Provisions
11. Execution

1. Parties and Recitals

THIS POSTNUPTIAL AGREEMENT ("Agreement") is entered into on [__/__/____] by and between:

First Spouse:
Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]

Second Spouse:
Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]

(collectively, the "Parties" or "Spouses")

Recitals

WHEREAS, the Parties were lawfully married on [__/__/____] in [________________________________], Delaware (the "Marriage");

WHEREAS, the Parties wish to define their respective rights and obligations regarding property, finances, and support during the marriage and in the event of separation, divorce, or death;

WHEREAS, each Party has made a full, fair, and reasonable disclosure of all assets, liabilities, income, and financial obligations as set forth in the attached Exhibits;

WHEREAS, each Party has had the opportunity to retain and consult with independent legal counsel;

WHEREAS, each Party enters into this Agreement freely, voluntarily, and without coercion, duress, or undue influence;

NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:

2. Purpose and Intent

2.1 The purpose of this Agreement is to define the Parties' respective rights in property, support, and related financial matters.

2.2 This Agreement is intended to be binding and enforceable under Delaware law, consistent with the Uniform Premarital Agreement Act (Del. Code Ann. tit. 13, § 321 et seq.) as applied to postnuptial agreements.

3. Financial Disclosure

3.1 Each Party represents and warrants that they have provided a full, fair, and reasonable disclosure of all property, financial obligations, and income, attached hereto as:

• Exhibit A — Financial Disclosure of First Spouse
• Exhibit B — Financial Disclosure of Second Spouse

3.2 Each Party acknowledges receipt and review of the other Party's financial disclosure.

3.3 Neither Party has waived the right to disclosure. Each Party affirms they have received adequate information to make an informed decision.

☐ First Spouse acknowledges receipt of Exhibit B
☐ Second Spouse acknowledges receipt of Exhibit A

4. Property Classification

4.1 Separate Property. The following shall be and remain the separate property of each respective spouse:

First Spouse's Separate Property:
| Description | Estimated Value |
|---|---|
| [________________________________] | $[________] |
| [________________________________] | $[________] |
| [________________________________] | $[________] |

Second Spouse's Separate Property:
| Description | Estimated Value |
|---|---|
| [________________________________] | $[________] |
| [________________________________] | $[________] |
| [________________________________] | $[________] |

4.2 Marital Property. The following property shall be classified as marital property:

4.3 Income and Appreciation. Income from and appreciation of separate property shall be classified as: ☐ Separate Property ☐ Marital Property

5. Division of Assets

5.1 In the event of divorce, separation, or dissolution, the Parties agree that assets shall be divided as follows:

Marital Residence:
Address: [________________________________]
Disposition: [________________________________]

Financial Accounts:
| Account Description | Owner/Division |
|---|---|
| [________________________________] | [________________________________] |
| [________________________________] | [________________________________] |

Retirement Accounts:
| Account Description | Owner/Division |
|---|---|
| [________________________________] | [________________________________] |
| [________________________________] | [________________________________] |

Business Interests:
[________________________________]

Vehicles and Personal Property:
[________________________________]

6. Division of Debts

6.1 The Parties agree to allocate responsibility for debts as follows:

6.2 Neither Party shall incur any debt for which the other Party may be held liable without written consent.

7. Spousal Support

7.1 In the event of divorce or separation, the Parties agree:

☐ Waiver of spousal support (alimony) by both Parties
☐ Spousal support to be paid as follows:

• Payor: [________________________________]
• Amount: $[________] per ☐ month ☐ year
• Duration: [________________________________]
• Termination Events: [________________________________]

7.2 Spousal support provisions ☐ shall ☐ shall not be modifiable by the court.

8. Estate Planning Coordination

8.1 Each Party agrees to ☐ execute ☐ update their estate planning documents within [____] days of executing this Agreement.

8.2 Regarding surviving spouse rights:
☐ Each Party waives the right to an elective share of the other's estate
☐ Each Party retains all surviving spouse rights
☐ Other: [________________________________]

8.3 Unless otherwise provided, each Party retains the right to dispose of their separate property by will or trust.

9. Enforceability Provisions

9.1 Voluntariness. Each Party acknowledges entering this Agreement voluntarily, without coercion, duress, fraud, or undue influence.

9.2 Independent Counsel.
☐ First Spouse has been represented by: [________________________________], Esq.
☐ Second Spouse has been represented by: [________________________________], Esq.
☐ A Party has knowingly waived the right to independent counsel (attach signed waiver)

9.3 Full Disclosure. Each Party certifies that financial disclosures are complete, accurate, and made in good faith.

9.4 Fairness. The Parties acknowledge the terms are fair and reasonable and not unconscionable.

9.5 Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.

9.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.

10. General Provisions

10.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties.

10.2 Amendments. This Agreement may be amended or revoked only by a written instrument signed by both Parties, consistent with Del. Code Ann. tit. 13, § 324.

10.3 No Waiver. Failure to enforce any provision shall not constitute a waiver.

10.4 Counterparts. This Agreement may be executed in counterparts.

10.5 Child Custody and Support. Nothing in this Agreement shall determine child custody, visitation, or child support, which remain subject to court jurisdiction.

11. Execution

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

First Spouse:

Signature: ___________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Second Spouse:

Signature: ___________________________________
Printed Name: [________________________________]
Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

STATE OF DELAWARE
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [____________], [____], personally appeared [________________________________] and [________________________________], known to me to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same voluntarily for the purposes therein stated.

WITNESS my hand and official seal.

Signature: ___________________________________
Notary Public, State of Delaware
My Commission Expires: [__/__/____]

[SEAL]

WITNESS ATTESTATION

Witness 1:
Signature: ___________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Witness 2:
Signature: ___________________________________
Printed Name: [________________________________]
Date: [__/__/____]

STATE-SPECIFIC NOTES — DELAWARE

• Delaware is an equitable distribution state under Del. Code Ann. tit. 13, § 1513.
• Delaware follows the Uniform Premarital Agreement Act (UPAA) (Del. Code Ann. tit. 13, § 321 et seq.), which applies its principles to both prenuptial and postnuptial agreements.
• An agreement is enforceable without consideration (the marriage itself is not required as consideration for postnuptial agreements under UPAA principles).
• The agreement is not enforceable if one party proves: (a) it was not executed voluntarily, OR (b) it was unconscionable at execution AND there was inadequate disclosure.
• The Delaware Family Court can overturn agreements for fraud, nondisclosure of finances, unconscionability, duress, or misrepresentation.
• Amendments or revocations must be in writing and signed by both parties per Del. Code Ann. tit. 13, § 324.
• Independent counsel is not required but strongly recommended.
• Child support provisions that adversely affect a child's right to support are unenforceable.
• Delaware has three counties: New Castle, Kent, and Sussex.

Sources and References

• Del. Code Ann. tit. 13, § 321 et seq. (Uniform Premarital Agreement Act)
• Del. Code Ann. tit. 13, § 1512 (Alimony)
• Del. Code Ann. tit. 13, § 1513 (Property Division)