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Postnuptial Agreement

Get peace of mind no matter how the story of your marriage ends by protecting your assets. Let an attorney take the lead to create, revise, and customize your agreement.

Starts at

$1,299
Includes attorney guidance, revisions, and a custom agreement

Have questions? Call (855) 306-2319 for a free discovery call.

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Why get attorney support from LegalZoom?
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Predictable flat fee

Get dedicated attorney support to prepare your postnuptial agreement for an affordable flat fee.

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Experience you can trust

Our law firm LZ Legal Services co-counsels with experienced local attorneys to guide you step-by-step through the process and help prepare your state-specific agreement.

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Fast and personalized service

Save time with one convenient place to find experienced attorneys, track document progress, and get the dedicated legal support you deserve.

Have an attorney take the lead in 3 easy steps

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Answer a few questions
Tell us the details about your legal need, the state you live in, and how we can reach you.
two

Work with a dedicated legal team

Our law firm LZ Legal Services co-counsels with local attorneys who are experienced in your legal issues to provide dedicated legal services. Easily schedule calls and track progress through your LegalZoom account.

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Sit tight while your attorney does the rest

Your dedicated attorney will review your information then upload a customized document or recommendations to your account so you can download and sign or notarize, if necessary, to make it official.

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Have questions? Call (855) 306-2319 for a free discovery call.

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A smiling married couple considering a postnuptial agreement
Why get attorney support from LegalZoom?
Predictable pricing
Get dedicated attorney support to personalize a deed of trust for an affordable flat fee.

Experience you can trust
Have an experienced attorney guide you step-by-step through the process and help prepare your state-specific document.

Fast and personalized service
Save time with one convenient place to find specialized attorneys, track document progress, and get the dedicated legal support you deserve.
What is a postnuptial agreement?
First comes love, then comes marriage, then comes—a postnuptial agreement? While you expect your marriage to last forever, postnups provide peace of mind in case things don’t work out. A postnuptial agreement works just like a prenuptial agreement, except you and your spouse agree to the terms and sign it after you've said "I do" instead of before. Postnuptial agreements outline what happens to marital assets, marital property, and debts and how the financial responsibilities of daily life will be handled in the event of a divorce.

What should a postnuptial agreement include?
Postnuptial agreements should include details about the couples' financial matters, assets, property, and what happens to them in the event of a divorce. These include:

Spousal support
Which spouse will owe support, and how will that amount be determined?

Debt ownership
Who will be responsible for debts acquired both before and during the marriage?

Separate property
What will be considered marital property, and what will belong to one spouse only?

Rights of children from previous marriages
What will happen with child support or child custody of children from a previous marriage?

Fidelity clauses
What happens if a couple divorces due to infidelity?
A married couple eating at a dining table outside while discussing what should be included in their postnuptial agreement
A married couple who is considering a postnuptial agreement posing and smiling outside for a picture
What are the benefits of a postnup vs. a prenup?

Prenups and postnups both essentially serve the same purpose—specifying what happens to money, assets, and even debts if you divorce. However, there are some benefits to going with the postnuptial agreement over the prenuptial agreement.

Postnup

Lets you focus on more romantic aspects of wedding planning
Can make one in response to financial changes during your marriage
May feel less like an ultimatum since you're already married

Prenup
Needs to be part of the wedding planning to-do list
Must make the agreement based on your financial situation before marriage
Could feel like an ultimatum if not presented with sensitivity

When should I get a postnuptial agreement?


Any married couple can consider a postnuptial agreement. But it might be an especially good idea when certain situations arise.


Unexpected inheritances

An influx of assets or new property means it might be time to make your own future plans


Major financial changes

Sudden increases in wealth or debt are a good time to take a look at financial matters as a couple


Starting a business

New ventures usually mean changes in your financial circumstances


Temporary separation

If you and your spouse decide to live apart, you may consider new marital agreements


If you're unsure whether or not a postnup would benefit you, an experienced attorney can advise.



Should I use a lawyer to draft my postnup?


It is possible to draft a postnup on your own but if you make any technical errors or a court finds evidence of coercion or disproportionate terms, it may be unenforceable. In the event of a divorce, it's up to a judge to decide if the postnup is fair for both spouses. Additionally, certain states have their own specific and complicated requirements. Consulting with an attorney to create your postnup can help you avoid issues later.

A married couple conducting research on a laptop on hiring a lawyer to draft a postnuptial agreement

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