[{"data":1,"prerenderedAt":516},["ShallowReactive",2],{"document-post-nuptial-agreement-D13028":3},{"document":4,"label":22,"preview":11,"thumb":23,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":24,"breadcrumb":28,"related":34,"customDescModule":174,"customdescription":6,"mdFm":175,"mdProseHtml":515},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":16,"keywords":21},"POST-NUPTIAL AGREEMENT This Post-Nuptial Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR FULL NAME] (\"Party A\"), an individual with their main address located at: [COMPLETE ADDRESS] AND: [NAME OF SPOUSE] (\"Party B\"), an individual with their main address located at: [COMPLETE ADDRESS] WHEREAS Party A and Party B were married on [DATE] at [VENUE] in [PROVINCE/CITY/STATE], [COUNTRY]. WHEREAS both spouses presently own as separate property the real and/or personal property described in Schedules A and B of the Post-Nuptial Agreement. Schedule A contains a description of the property owned at the time of marriage by Party A as their sole and separate property, and Schedule C contains a description of their debts and obligations. Schedule B contains a description of the property owned at the time of marriage by Party B as their sole and separate property, and Schedule D contains a description of their debts and obligations. WHEREAS Schedule E contains the list of the real and/or personal property owned by the Parties jointly and Schedule F contains a description of debts and obligations of both the Parties in regard to the property listed in Schedule E, if any. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, both Parties agree as follows: INCOME DERIVED FROM SEPARATE PROPERTY The spouses desire to provide by this Agreement (a) that all income arising from Party A's separate property, as well as all income arising from the reinvestment of that income, will be their separate property and remain under their ownership, management, and control, both during this marriage and on its dissolution by death or court order, unless such separate property is otherwise voluntarily transferred from Party A to Party B by will or other written instrument; and (b) that all income arising from Party B's separate property and business, as well as all income arising from the reinvestment of that income, will be their separate property and remain under their ownership, management, and control, both during this marriage and on its dissolution by death or court order, unless such separate property is otherwise voluntarily transferred from Party B to Party A, by will and in writing. DEBT FROM SEPARATE PROPERTY All liabilities listed in Schedules C and D shall remain separate liabilities, and all liabilities listed in Schedule F shall remain joint liabilities, but all liabilities that each Party incurs individually as of the date of the execution of this Agreement shall be separate liabilities. CHARACTERIZATION OF SEPARATE/COMMUNITY PROPERTY The spouses desire to provide by this Agreement (a) that the property listed in Schedules A and C shall be considered Party A's separate property, unless such separate property is otherwise voluntarily transferred from Party A to Party B by will or other written instrument; and (b) that the property listed in Schedules B and D shall be considered Party B's separate property, unless such separate property is otherwise voluntarily transferred from Party B to Party A by will or other written instrument. The spouses desire to provide by this Agreement that the property listed in Schedules E and F shall be considered joint and community property. The spouses desire to provide by this Agreement that any property received via probate or inheritance shall be characterized as the recipient Party's separate property. The spouses desire to provide by this Agreement that any property received via gift shall be characterized as the recipient Party's separate property. The spouses desire to provide by this Agreement that any property received via settlement or judgment based on litigation, namely, personal injury, shall be characterized as the recipient Party's separate property. The spouses desire that, in the event property or debt acquired after the execution of this Agreement is difficult to characterize as either joint/community or separate, if there is an objective method to determine which person the property should belong to (such as the primary account holder), then the property should be considered the separate property of said person. If it is too difficult to objectively determine to whom the property or debt belongs, the spouses intend for it to be considered joint/community property. The spouses desire that, in the event property or debt acquired after the execution of this Agreement is difficult to characterize as either joint/community or separate, the property should be considered de facto joint/community property. DISPOSITION OF PROPERTY UPON DEATH Neither Party waives its share of the intestate estate upon the other Party's passing, and renounces all benefits that would otherwise pass to such Party by intestate succession. INCOME EARNED BY EACH PARTY The spouses desire to provide by this Agreement that any income received by each Party shall be considered that Party's separate income, and whatever property said income acquires shall be considered that Party's separate property, unless otherwise agreed to in writing. BANK ACCOUNTS The spouses desire to provide by this Agreement that both Parties shall divide the funds in its Joint Bank Account at the time of dissolution of marriage by court in the ratio of 50:50. SPOUSAL MAINTENANCE AND SHARE ON SALE OF PROPERTY The spouses desire to provide by this Agreement that, in the event of divorce, Party B limits its potential rights or claims against Party A for alimony, spousal maintenance or support, whether temporary or permanent to a total of [SPECIFY AMOUNT]. The Parties agree that the limit stated in clause 7.1 shall never vary. Party A shall give a share of [PERCENTAGE OF SALE] % out of the sale of the house of Party A. However, if the Parties decide to separate, then Party B shall vacate the house of Party A within a period of [NUMBER] days from the date of separation so that Party A can make the required decisions in regard to its house. CHILD SUPPORT If Party A and Party B have a child out of their wedlock, then at the time of separation, Party A shall assign [PERCENTAGE] % of its wealth to the child by way of fruitful investments and the child shall inherit that percentage of wealth at the age of twenty (20) and completely inherit the wealth at the age of thirty (30). ATTORNEY'S FEES The spouses desire to provide by this Agreement that if one of the Parties unsuccessfully contests the validity or enforceability of this Agreement or any provision hereof through litigation, that Party shall pay the reasonable attorney fees and costs incurred by the other Party in defending such challenge. EXECUTION OF DOCUMENTS Each spouse agrees to cooperate fully with the other spouse in performing all acts and in executing, acknowledging, and delivering any instruments or documents required to accomplish the intent of this Agreement. The spouses further agree to execute all instruments or documents within [NUMBER] days of receipt from the other spouse. SEVERABILITY If a court of competent jurisdiction deems any provision of this Agreement to be unenforceable, then such provision shall be severed from this Agreement, and the remaining provisions of this Agreement shall continue with full force and effect. GOVERNING LAW AND LANGUAGE This Post-Nuptial Agreement shall be governed by and construed and enforced in accordance with the laws of [STATE/PROVINCE], which law shall prevail in the event of any conflict of the Parties. The Parties hereto acknowledge that they requested that this Agreement and all related documents be drafted in English, that any notice to be given hereunder be given in English, and that any proceedings between the Parties relating to this Agreement be drafted in English. 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WHEREAS, Partner A (the \"SEPARATING PARTNER\") desires and has agreed upon a separation from the partnership and is entering into this Separation Agreement with Partner B in order to effectuate the same. WHEREAS, Partner B shall manage the affairs of the Business solely after the effective date of this Agreement. NOW, THEREFORE, the Parties hereby agree as follows: SEPARATION Partner A shall separate himself from the partnership, effective on [DATE] and thereafter promptly halt involvement in the affairs of the Business, and incur no further obligations on behalf of the Business after the effective date of this Agreement. Partner B shall manage the affairs of the Business solely after the effective date of this Agreement. The Parties shall mutually determine the extent and whereabouts of all partnership assets, inventory, liabilities, debts and tax obligations. Accounting. A statement of account shall be prepared which will include a list of all the inventories, assets, liabilities and debts, and such statement of account shall be treated as a matter of record and the Parties may access the said statement when necessary or desired. On completion of the accounting, the Separating Partner shall pay his share of liabilities, debts, taxes and other pending expenditures, if any. After the obligation of the Separating Partner to pay the liabilities is fulfilled, the remaining amount shall be distributed in the proportion of the contribution of the Separating Partner towards the capital of the Business. In such division, any amounts paid earlier or due to the Separating Partner according to the books of the partnership shall be taken into account. RELEASE AND INDEMNIFICATION Partner B releases Partner A from any and all known claims, actions and demands arising as a result of the Business. This release does not prevent a Party from bringing suit under this Separation Agreement, should this Agreement not be fulfilled according to the rules set forth. The Parties agree to indemnify the other Party from claims, damages, or obligations of any kind with regard to their duties in distribution of assets and liabilities, unless the claims or losses come as a result of a Party's breach of contract, unethical behavior, and/or grossly negligent actions. CONFIDENTIALITY The Separating Partner agrees to hold the provisions of this Agreement in strictest confidence and agrees not to publicize or disclose any confidential or proprietary information of the other Party or the Business, its subsidiaries or affiliated entities and not to solicit the Business's employees, and, to the extent permitted by applicable law, not to solicit the Business's customers. NON-DISPARAGEMENT ","Separation Agreement","4","https://templates.business-in-a-box.com/imgs/1000px/separation-agreement-D13184.png","https://templates.business-in-a-box.com/imgs/250px/13184.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13184.xml",{"title":91,"description":6},"separation agreement",[93,95],{"label":18,"url":94},"business-legal-agreements",{"label":18,"url":94},"/template/separation-agreement-D13184",{"description":98,"descriptionCustom":6,"label":99,"pages":100,"size":101,"extension":10,"preview":102,"thumb":103,"svgFrame":104,"seoMetadata":105,"parents":106,"keywords":109,"url":110},"SETTLEMENT AGREEMENT This Settlement Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the \"Creditor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] [THIRD PARTY NAME] (the \"Debtor\"), an individual with his main address located at: [COMPLETE ADDRESS] WHEREAS by Statement of Claim filed on [DATE] in the Federal Court of [COUNTRY] (Trial Division) under court file number [NUMBER], as amended by an Amended Statement of Claim filed therein on [EFFECTIVE DATE], [COMPANY NAME]. (the \"Creditor\") instituted proceedings as plaintiff against the Company and Debtor as defendants in recovery of the sum of [AMOUNT] (the \"Action\"); WHEREAS in the Action, the Creditor has claimed the amount of [AMOUNT] from Debtor pursuant to a certain guarantee executed by him in favor of the Creditor; WHEREAS [COMPANY NAME] and the Creditor amalgamated effective [DATE], such that [COMPANY NAME] became a division of the Creditor; WHEREAS the parties have agreed to settle the Action upon the terms and conditions hereinafter set forth: NOW WHEREFORE, the parties hereto agree as follows: The Action is settled upon the terms hereinafter set forth. The parties shall execute a Declaration of Settlement Out Of Court in respect of the Action, which Declaration shall be remitted to the Bank, and which the Bank shall file in the court record on the latest of the trial date fixed for the Action, being [EFFECTIVE DATE], receipt of the initial payment provided for in Section 2 hereof and the date of registration of the Security contemplated in Section 2 hereof. Debtor hereby undertakes to pay to the Creditor the sum of [AMOUNT] in lawful currency of [COUNTRY] (the \"Settlement Amount\"), payable as set out below. Debtor shall pay to the Bank at its offices noted above the principal sum of [AMOUNT] in lawful currency of [COUNTRY] (the \"Principal Amount\"), by way of [NUMBER] equal consecutive monthly installments in the amount of [AMOUNT] each, payable on the [DATE] day of each month, commencing on [EFFECTIVE DATE] until full payment on [DATE] (the \"Payments\"). Concurrently with the execution hereof, Debtor shall deliver to the Creditor [NUMBER] check in the amount of [AMOUNT] each dated the [DATE] day of each month in payment of the Payments for [EFFECTIVE DATE] to [EFFECTIVE DATE] inclusively. Thereafter, Debtor shall deliver to the Creditor by or before [DATE] of each year, commencing [EFFECTIVE DATE] to [EFFECTIVE DATE] inclusively, [NUMBER] check in the amount of [AMOUNT] each dated the [NUMBER] day of each of the following [NUMBER] months in payment of the Payments for the said [NUMBER] month period. By or before [EFFECTIVE DATE], Debtor shall deliver to the Creditor [NUMBER] check in the amount of [AMOUNT] each dated the [NUMBER] day of each of the remaining [NUMBER] months in payment of the Payments for the said [NUMBER] month period. The Principal Amount shall bear interest from the date of any unremedied default at the rate of [PERCENTAGE %] percent per annum, calculated on the balance then outstanding and payable on demand. All interest not paid when due shall bear interest at the same rate calculated as aforesaid and payable on demand. The balance of [AMOUNT] (the \"Balance\") shall be paid to the Creditor by way of compensation and set-off against the amount of any commission which may become owing to Debtor by the Creditor on any sales of its assets which Debtor may make from time to time hereafter on behalf of the Creditor, and against the amount of any salary or other compensation which may become owing to him by the Creditor in respect of any other services of any nature whatsoever which Debtor may perform from time to time hereafter on behalf of the Creditor. The amount of such commissions, salary and/or other compensation shall be determined in accordance with the terms and conditions of any agreements which the Creditor and Debtor may enter into for the provision of such services by Debtor to the Creditor. The Creditor shall provide to Debtor on a regular basis a list of assets currently offered for sale by the Creditor and undertakes to give Debtor every opportunity, on a non-exclusive basis, to sell such assets and undertakes not to act unreasonably in considering any offer to purchase which Debtor may bring to the Creditor. In the event that the Balance has not been repaid in full on the date the last payment falls due under Section 2.1 hereof, Debtor shall pay off the amount of the Balance then outstanding (the \"Unpaid Balance\") by way of consecutive monthly installments in the amount of [AMOUNT] each, payable on the [DATE] day of each month, commencing [EFFECTIVE DATE] (the \"Extended Period\"). On [EFFECTIVE DATE], Debtor shall deliver to the Creditor the requisite number of check in the amount of [AMOUNT] each dated the [DATE] day of each month in payment of the Unpaid Balance, provided always that Debtor shall still be able to pay any or all of the Unpaid Balance during the Extended Period by way of compensation and set-off pursuant to the provisions of Section 2.3.1. Debtor shall have a grace period of [NUMBER] days from the date of any written notice of default to make any Payment due hereunder to remedy said default. In the event the default is not remedied within such period, Debtor shall lose the benefit of the term provided for herein and the entire balance of the Settlement Amount then outstanding shall become immediately due and payable. The Creditor shall then be entitled to demand payment in full of the outstanding amount of the Settlement Amount, by written notice of demand, without further notice, including prior notice of such acceleration, or delay. The Creditor shall, in addition to its right to accelerate payment in the event of an unremedied default to make any payment, be entitled to accelerate payment should the Creditor advise Debtor in writing of the discovery of any material omission of any encumbrance on any of the assets listed in Schedule C or of any other limitation or alteration in Debtor's right, title and interest in and to the assets listed in Schedule C, provided that Debtor shall have [NUMBER] days from the date of such notice to remedy the default such that the omission is no longer material, but not in the event of any other default hereunder. Concurrently with his execution of the present Settlement Agreement, Debtor shall execute demand promissory notes in the amounts of [AMOUNT] respectively, in the form of the promissory notes annexed hereto as Schedules A and B respectively, to be held by the Creditor as collateral security for the performance of Debtor's obligations under this Section 2. Debtor shall grant security in favor of the Creditor against each and all of the assets identified in the affidavit executed by Debtor concurrently herewith and annexed hereto as Schedule C (the \"Secured Assets\"), subject to the encumbrances thereon as disclosed therein (the \"Encumbrances\"), which Encumbrances Debtor hereby represents and warrants are all the encumbrances existing against the Secured Assets, and which Secured Assets Debtor hereby represents and warrants have a net aggregate liquidation value, after deduction of the reasonable expenses of liquidation and after payment of the Encumbrances of not less than the Settlement Amount. ","Settlement Agreement","8",64,"https://templates.business-in-a-box.com/imgs/1000px/settlement-agreement-D916.png","https://templates.business-in-a-box.com/imgs/250px/916.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#916.xml",{"title":6,"description":6},[107,108],{"label":18,"url":94},{"label":18,"url":94},"settlement agreement","/template/settlement-agreement-D916",{"description":112,"descriptionCustom":6,"label":113,"pages":114,"size":9,"extension":10,"preview":115,"thumb":116,"svgFrame":117,"seoMetadata":118,"parents":120,"keywords":127,"url":128},"LAST WILL AND TESTAMENT OF [YOUR NAME] I, [YOUR NAME], a resident of [CITY, PROVINCE OR STATE], hereby declare that this is my last will and testament and that I hereby revoke, cancel and annul all wills and codicils previously made by me either jointly or severally. I declare that I am of legal age to make this will and of sound mind and that this last will and testament expresses my wishes without undue influence or duress. ARTICLE I IDENTIFICATION OF FAMILY I am married to [SPOUSE'S NAME] and all references in this Will to \"my spouse\" are references to [SPOUSE'S NAME]. I have the following children, biological or adopted. The names of my children are [NAME OF CHILD] and [NAME OF CHILD]. All references in this Will to \"my children\" are references to the above-named children. ARTICLE II APPOINTMENT OF EXECUTOR I appoint [SPOUSE'NAME], as the executor of my Will. If [SPOUSE'S NAME] is unable or unwilling to serve as executor, then I appoint [NAME OF SECOND EXECUTOR] as the executor. I hereby give and grant the Executor all powers and authority as are required or allowed in law, and especially that of assumption. The executor shall not be required to furnish security and shall serve without any bond. and will have the authority to carry out the provisions of my Will, including without limitation, the power to buy, sell, and maintain property; to pursue any claims or legal actions on behalf of my estate; and to pay my probate and funeral expenses prior to any distribution of property. Pending the distribution of my estate my Executors shall have authority to carry on any business, venture or partnership in which I may have any interest at the time of my death. My Executors shall have full and absolute power in his/her discretion to sell all or any assets of my estate, whether by public auction or private sale and shall be entitled to let any property in my estate on such terms and conditions as may be acceptable to my beneficiaries. My Executors shall have authority to borrow money for any purpose connected with the liquidation and administration of my estate and to that end may encumber any of the assets of my estate. ARTICLE III GUARDIANSHIP OF MINOR CHILDREN In the event that me and my spouse die before a child of mine reaches the age of eighteen, I appoint [NAME OF THE GUARDIAN], who resides at [ADDRESS OF THE GUARDIAN], to serve as guardian for my minor child(ren). If this named guardian is unable or unwilling to serve, then I appoint [NAME OF THE GUARDIAN], who resides at [ADDRESS OF THE GUARDIAN], as alternate guardian. ARTICLE IV PAYMENT OF DEBTS AND EXPENSES I direct my Executor to pay my judicially enforceable debts, funeral expenses and expenses of last illness be first paid from my estate, as soon after my death as practicable. Further, I direct that all estate and inheritance taxes and other taxes in the general nature thereof (together with any interest or penalty thereon), which shall become payable upon or by reason of my death with respect to any property passing by or under the terms of this Will or any codicil to it hereafter executed by me, or with respect to the proceeds of any life insurance policy or policies, or with respect to any other property (including property over which I have a taxable power of appointment) included in my gross estate for the purpose of such taxes, shall be paid by my Executor out of the principal of my residuary estate. ARTICLE V TRUST FOR THE BENEFIT OF THE MINOR CHILDREN In the event that I bequeath any of my estate in this Will to a child of mine who is under the age of eighteen years at the time of my death, then I direct that all such bequests for that child be held in a separate trust until the child reaches the age of [SPECIFY]. I appoint [NAME, ADRESSE OF THE TRUSTEE], as the trustee for each child's trust created by this Will. If this person or institution is unwilling or unable to serve as trustee, then I appoint [NAME AND ADRESS OF THE TRUSTEE], as alternate trustee. The trustee will serve without bond. The Trustee's Duties: The trustee will convert to cash all debts and securities that are not qualified legal investments, will reinvest cash in proper securities, and will protect and preserve the trust property","Last Will and Testament - Married with Children","5","https://templates.business-in-a-box.com/imgs/1000px/last-will-and-testament---married-with-children-D12557.png","https://templates.business-in-a-box.com/imgs/250px/12557.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12557.xml",{"title":119,"description":6},"last will and testament - married with children",[121,124],{"label":122,"url":123},"Business Plan Kit","business-plan-kit",{"label":125,"url":126},"Last Will & Testament","/last-will-testament","last will testament   married with children","/template/last-will-and-testament---married-with-children-D12557",{"description":130,"descriptionCustom":6,"label":131,"pages":100,"size":9,"extension":10,"preview":132,"thumb":133,"svgFrame":134,"seoMetadata":135,"parents":137,"keywords":136,"url":144},"BUY-SELL AGREEMENT This Buy-Sell Agreement (this \"Agreement\") is made and effective this [Date], BETWEEN: [COMPANY NAME], a corporation organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: Each of the Parties listed below (each a \"Shareholder\" and collectively, the \"Shareholders\"). The Shareholders desire to promote and protect their mutual interests and the interests of the Company. Therefore, the parties hereby agree as follows: ARTICLE I PARTIES AND PURPOSE PARTIES The Shareholders own all the outstanding shares (the \"Shares\") of the [COMPANY NAME] in the amount outlined below. At this time, each Shareholder's interest in the Company is as follows: __________________ owns _________________ % __________________ owns _________________ % __________________ owns _________________ % __________________ owns _________________ % While this agreement is in effect, no Shareholder shall have any right to assign, encumber or dispose of his interest in the Company except as provided herein. PURPOSE The purpose of this Agreement is to protect the Corporation's management and control from persons not acceptable to all Shareholders. The other purpose is to provide a ready market in the event of the death, disability, or lifetime transfer of Shares by a Shareholder. To this end, the Shareholders have entered into this agreement to: Restrict the transfer or sale of the Shares by the Shareholders; Ensure any sale of the Shares is in the accordance with established procedures; Provide stability and continuity in the management of the Company; Maintain ownership or control of the Company ARTICLE II SALES TRANSFER RESTRICTION ON SHARES No Shareholder (or any party acting on behalf of a Shareholder) may sell or transfer its Shares, whether owned or subsequently acquired, except in accordance with the provisions of this Agreement or with the written consent of the Company and all other Shareholders. Any attempt to sell or transfer Shares (or an interest in Shares) that contravenes the terms of this agreement is null and void and is not binding on or recognized by the Company or the Shareholders. Definition of sale or transfer. The term \"sale or transfer\" includes any sale, pledge, encumbrance, gift, bequest, or other transfer of any Shares, whether or not the transfer would be made for value, or to another Shareholder, or voluntarily or involuntarily or by operation of law, or during his lifetime or upon his death Exception. A sale or transfer of a Shareholder's Shares to a trust that is wholly revocable by that Shareholder and for which that Shareholder is the sole trustee is not a prohibited sale or transfer. However, any subsequent attempted sale or transfer by the trustee of such trust shall be subject to all of the terms of this Agreement with the Shareholder (and not the trust) deemed as the Shareholder of such Shares. Legend on share certificates. Each share certificate whether presently owned or subsequently acquired, shall have the following statement conspicuously printed on its face: \"The transfer, sale, assignment of the Shares represented by this certificate is restricted by a Buy-Sell Agreement among all the Shareholders and the Corporation dated [SPECIFY]. A copy of the Buy-Sell Agreement is available for inspection during normal business hours at the principal office of the Corporation. All the terms and provisions of the Buy-Sell Agreement are incorporated by this reference and made a part of this certificate.\" ARTICLE III VOLUNTARY TRANSFER PERMITTED SALE OR TRANSFER DURING LIFETIME Any Shareholder wishing to sell or transfer its Shares must first notify each of the other Shareholders in writing. Such Shareholder (a \"Seller\") will be deemed to have offered to sell its Shares (the \"Offering Shares\") to other Shareholders. The notice must indicate the name of the party (the \"third party purchaser\") to whom the seller wishes to sell or transfer the offered Shares and the terms of the proposed sale or transfer. First option to other Shareholders. Each of the other Shareholders will have thirty (30) days from the effective date of the notice to choose to purchase the Offered Shares in proportion to their respective ownership of all outstanding Shares (excluding the Offered Shares) or in such other proportion as the other Shareholders may agree. During this 30-day period, the other Shareholders must collectively agree to purchase all or none of the Offered Shares. If the other Shareholders exercise their call option, they must acquire the Offering Shares on the same terms as those set out in the proposed notice of sale or transfer. These conditions will be supplemented, as necessary, by the payment conditions described in Article VI below. Notice of proposed sale. Any Shareholder wishing to sell his/her Shares shall provide a Notice of Proposed Sale. The notice must specify: the name and address of each proposed transferee; the number of Shares or the interest in Shares to be transferred; the price per Share; the terms of the proposed sale, assignment, or transfer. Permitted sale or transfer to third party purchaser. When the other Shareholders do not exercise their right to purchase all the Shares offered within the 30-day period, the seller may then conclude the sale or transfer to the third-party purchaser. However, the sale or transfer must be made on the same terms and conditions as those set out in the notice to other Shareholders. In addition, the third-party buyer must agree in writing to be bound by the terms of this contract before or at the time of the sale or transfer. If the sale or transfer to the third-party acquirer is not completed within sixty (60) days of the expiry of the other Shareholder's 30-day option period, then the authorization to sell or transfer under this agreement shall be deemed to have been withdrawn as if no sale or transfer had been considered and no notice given. ARTICLE IV INVOLUNTARY TRANSFER INVOLUNTARY LIFETIME SALE OR TRANSFER Any Shareholder who holds information that could reasonably be expected to result in an involuntary lifetime sale of his or her Shares and any person or entity that has acquired or may acquire an interest in such Shares must promptly notify each of the other Shareholders in writing. The notice must describe the nature and details of the involuntary lifetime sale and must indicate the name of the party (the \"third party transferee\"). The Shareholder will be deemed to have offered to sell its Shares (the \"Offering Shares\") to other Shareholders. The following events shall each constitute an \"Involuntary\" transfer event: the death of a Shareholder; the total mental or physical disability of a Shareholder; the termination of a Shareholder's employment with [COMPANY NAME]; and the bankruptcy or insolvency of a Shareholder. First option to other Shareholders. Each of the other Shareholders will have thirty (30) days from the effective date of this notice to elect to purchase the Offered Shares in proportion to their respective ownership of all outstanding Shares (excluding the Offered Shares) or in such other proportion as the other Shareholders may agree. If the other Shareholders exercise their option to purchase some or all of the offered Shares, they must then acquire these Shares at the purchase price and on the payment, terms described in Articles VI and VII below. Permitted sale or transfer to third party transferee. If the other Shareholders do not validly exercise their option to buy all of the Offered Shares within the 30-day period, then any remaining Offered Shares may be transferred to the third-party transferee. However, the transfer must be made on the same terms and conditions as those contained in the notice to the other Shareholders","Buy Sell Agreement","https://templates.business-in-a-box.com/imgs/1000px/buy-sell-agreement-D12611.png","https://templates.business-in-a-box.com/imgs/250px/12611.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12611.xml",{"title":136,"description":6},"buy sell agreement",[138,141],{"label":139,"url":140},"Finance & Accounting","finance-accounting",{"label":142,"url":143},"Buy & Sell Shares","buy-sell-shares","/template/buy-sell-agreement-D12611",{"description":146,"descriptionCustom":6,"label":147,"pages":100,"size":9,"extension":10,"preview":148,"thumb":149,"svgFrame":150,"seoMetadata":151,"parents":153,"keywords":152,"url":158},"PARTNERSHIP AGREEMENT This Partnership Agreement (\"Agreement\") is made and effective this [Date], BETWEEN: [YOUR COMPANY NAME] (the \"First Partner\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTNER NAME] (the \"Second Partner\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS Partners desire to join together for the pursuit of common business goals. Partners have considered various forms of joint business enterprises for their business activities. Partners desire to enter into a partnership agreement as the most advantageous business form for their mutual purposes. The parties hereto agree to form a limited partnership (the \"Partnership\") under [LAW, CODE OR ACT]. In consideration of the mutual promises contained in this agreement, partners agree as follows: NAME AND DOMICILE The name of the partnership shall be [name]. The principal place of business shall be at [address], [city], [state/province], unless relocated by consent of the partners. Purposes Subject to the limitations set forth in this Agreement, the purposes of the Partnership are to engage in the business of [DESCRIBE ACTIVITIES]; and to conduct other activities as may be necessary or incidental to or desirable in connection with the foregoing. DURATION OF AGREEMENT The term of this agreement shall be for [number] years, commencing on [date], and terminating on [date], unless sooner terminated by mutual consent of the parties or by operation of the provisions of this agreement. CLASSIFICATION AND PERFORMANCE BY PARTNERS Partners shall be classified as active partners, advisory partners, or estate partners. An active partner may voluntarily become an advisory partner, may be required to become one irrespective of age, and shall automatically become one after attaining the age of [age] years, and in each case shall continue as such for [number] years unless the partner sooner withdraws or dies. If an active partner dies, the partner's estate will become an estate partner for [number] years. If an advisory partner dies within [Number] years of having become an advisory partner, the partner will become an estate partner for the balance of the [number]-year period. Only active partners shall have any vote in any partnership matter. At the time of the taking effect of this partnership agreement, all the partners shall be active partners except [name] and [name], who shall be advisory partners. An active partner, after attaining the age of [age] years, or prior to that age if the [executive committee or as the case may be] with the approval of [two-thirds or as the case may be] of all the other active partners determines that the reason for the change in status is bad health, may become an advisory partner at the end of any calendar month on giving [number] calendar months' prior notice in writing of the partner's intention to do so. The notice shall be deemed to be sufficient if sent by registered mail addressed to the partnership at its principal office at [address], [city], [state/province] not less than [number] calendar months prior to the date when the change is to become effective. Any active partner may at any age be required to become an advisory partner at any time if the [executive committee or as the case may be] with the approval of [two-thirds or as the case may be] of the other active partners shall decide that the change is for any reason in the best interests of the partnership, provided notice of the decision shall be given in writing to the partner. The notice shall be signed by the [chairman or as the case may be] of the [executive committee or as the case may be] or, in the event of his or her being unable to sign at the time, by another member of the [executive committee or as the case may be]. The notice shall be served personally on the partner required to change his or her status or mailed by registered mail to the partner's last known address. Change of the partner's status shall become effective as of the date specified in the notice. Every active partner shall automatically and without further act become an advisory partner at the end of the fiscal year in which the partner's birthday occurs. In the event that an active partner becomes an advisory partner or dies, the partner or the partner's estate shall be entitled to the following payments at the following times: [describe] Each active partner shall apply all of the partner's experience, training, and ability in discharging the partner's assigned functions in the partnership and in the performance of all work that may be necessary or advantageous to further the business interests of the partnership. CONTRIBUTION Each partner shall contribute [amount] on or before [date] to be used by the partnership to establish its capital position. Any additional contribution required of partners shall only be determined and established in accordance with Article Nineteen. MANAGEMENT OF THE PARTNERSHIP The Partnership shall be managed by [SPECIFY]. Subject to the limitations specifically contained in this Agreement, [PARTY MANAGING THE PARTNERSHIP] shall have the full, exclusive and absolute right, power and authority to manage and control the Partnership and the property, assets and business thereof. [PARTY MANAGING THE PARTNERSHIP] shall have all of the rights, powers and authority conferred by law or under other provisions of this Agreement. Without limiting the generality of the foregoing, such powers include the right on behalf of the Partnership, in [PARTY MANAGING THE PARTNERSHIP]' sole discretion, to: Acquire, purchase, renovate, improve, and own any property or assets necessary or appropriate or in the best interests of the business of the Partnership, and to acquire options for the purchase of any such property; Borrow money, issue evidences of indebtedness in connection therewith, refinance, increase the amount of, modify, amend or change the terms of, or extend the time for the payment of, any indebtedness or obligation of the Partnership, and secure such indebtedness by mortgage, deed of trust, pledge or other lien on Partnership assets; Sue on, defend or compromise any and all claims or liabilities in favor of or against the Partnership and to submit any or all such claims or liabilities to arbitration; File applications, communicate and otherwise deal with any and all governmental agencies having jurisdiction over, or in any way affecting, the Partnership's assets or any part thereof or any other aspect of the Partnership business; Retain services of any kind or nature in connection with the Partnership business, and to pay therefore such remuneration deem reasonable and proper; and Perform any and all other acts deem necessary or appropriate to the Partnership business. TRANSFER OF PARNERSHIP INTERESTS Restrictions on Transfer None of the Partners shall sell, assign, transfer, mortgage, encumber, or otherwise dispose of the whole or part of that Partner's interest in the Partnership, and no purchaser or other transferee shall have any rights in the Partnership as an assignee or otherwise with respect to all or any part of that Partnership interest attempted to be sold, assigned, transferred, mortgaged, encumbered, or otherwise disposed of, unless and to the extent that the remaining Partner(s) have given consent to such sale, assignment, transfer, mortgage, or encumbrance, but only if the transferee forthwith assumes and agrees to be bound by the provisions of this Agreement and to become a Partner for all purposes hereof, in which event, such transferee shall become a substituted partner under this Agreement.","Partnership Agreement","https://templates.business-in-a-box.com/imgs/1000px/partnership-agreement-D12551.png","https://templates.business-in-a-box.com/imgs/250px/12551.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12551.xml",{"title":152,"description":6},"partnership agreement",[154,155],{"label":18,"url":94},{"label":156,"url":157},"Partnership Agreements","partnership-agreement","/template/partnership-agreement-D12551",{"description":160,"descriptionCustom":6,"label":161,"pages":162,"size":9,"extension":10,"preview":163,"thumb":164,"svgFrame":165,"seoMetadata":166,"parents":168,"keywords":167,"url":173},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":167,"description":6},"non disclosure agreement nda",[169,170],{"label":18,"url":94},{"label":171,"url":172},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",false,{"seo":176,"reviewer":189,"legal_disclaimer":193,"quick_facts":194,"at_a_glance":196,"personas":200,"variants":225,"glossary":252,"clauses":289,"how_to_fill":338,"common_mistakes":379,"faqs":404,"industries":432,"comparisons":449,"diy_vs_lawyer":462,"jurisdictions":475,"related_template_ids_curated":496,"schema":502,"classification":503},{"meta_title":177,"meta_description":178,"primary_keyword":179,"secondary_keywords":180},"Post Nuptial Agreement Template | Free Word Download","Free post-nuptial agreement template for married couples defining asset division, debt allocation, and spousal support.","post nuptial agreement template",[181,182,183,184,185,186,187,188],"postnuptial agreement template","post nuptial agreement template word","post nuptial agreement template free","postnuptial agreement form","marital agreement template","post marriage agreement template","postnuptial contract template","postnup template",{"name":190,"credential":191,"reviewed_date":192},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":195,"legal_review_recommended":193,"signature_required":193,"notarization_required":193},"advanced",{"what_it_is":197,"when_you_need_it":198,"whats_inside":199},"A Post-Nuptial Agreement is a legally binding contract entered into by two spouses after marriage that defines how assets, debts, and financial obligations will be divided if the marriage ends in divorce, separation, or death. This free Word download gives you a professionally structured starting point you can edit online and export as PDF — covering property classification, debt allocation, spousal support, and inheritance rights in a single document.\n","Use it when circumstances change significantly after marriage — such as starting a business, receiving a large inheritance, accumulating substantial debt, or seeking to clarify financial expectations following a period of marital difficulty. It is also commonly used when spouses did not execute a prenuptial agreement before the wedding.\n","Property classification (separate vs. marital), debt allocation, spousal support waiver or formula, business ownership protections, inheritance and estate provisions, financial disclosure acknowledgments, and governing law. Each clause is drafted to meet the mutual-consent and full-disclosure standards courts require for enforceability.\n",[201,205,209,213,217,221],{"title":202,"use_case":203,"icon_asset_id":204},"Married business owners","Protecting a business started or scaled after the wedding from division in divorce","persona-small-business-owner",{"title":206,"use_case":207,"icon_asset_id":208},"Spouses who skipped a prenup","Establishing financial boundaries they did not set before marriage","persona-couple-no-prenup",{"title":210,"use_case":211,"icon_asset_id":212},"High-net-worth individuals","Clarifying how inherited wealth, trusts, or investment portfolios remain separate property","persona-high-net-worth",{"title":214,"use_case":215,"icon_asset_id":216},"Couples reconciling after marital difficulties","Formalizing financial agreements as part of a reconciliation or renewed commitment","persona-reconciling-couple",{"title":218,"use_case":219,"icon_asset_id":220},"Spouses with significant separate debts","Shielding one spouse from liability for the other's pre-existing or newly incurred debts","persona-indebted-spouse",{"title":222,"use_case":223,"icon_asset_id":224},"Blended families","Ensuring assets intended for children from a prior relationship are protected","persona-blended-family",[226,230,234,238,242,245,249],{"situation":227,"recommended_template":228,"slug":229},"Agreement entered before marriage","Prenuptial Agreement","non-profit-partnership-agreement-D14023",{"situation":231,"recommended_template":232,"slug":233},"Legally ending the marriage with agreed financial terms","Divorce Settlement Agreement","settlement-agreement-D916",{"situation":235,"recommended_template":236,"slug":237},"Married couple separating without immediate divorce","Legal Separation Agreement","separation-agreement-D13184",{"situation":239,"recommended_template":240,"slug":241},"Protecting a specific business co-owned by spouses","Buy-Sell Agreement","buy-sell-agreement-D12611",{"situation":243,"recommended_template":244,"slug":229},"Documenting financial obligations between cohabiting partners","Cohabitation Agreement",{"situation":246,"recommended_template":247,"slug":248},"Defining inheritance rights separately from divorce provisions","Last Will and Testament","last-will-and-testament---married-with-children-D12557",{"situation":250,"recommended_template":147,"slug":251},"Married partners formalizing a jointly owned business structure","partnership-agreement-D12551",[253,256,259,262,265,268,271,274,277,280,283,286],{"term":254,"definition":255},"Marital Property","Assets and debts acquired by either spouse during the marriage, which are subject to division upon divorce unless contractually excluded.",{"term":257,"definition":258},"Separate Property","Assets owned by one spouse before marriage, or received as a gift or inheritance during marriage, that are not subject to division — provided they have not been commingled.",{"term":260,"definition":261},"Commingling","The mixing of separate property with marital property in a way that makes them difficult or impossible to distinguish, which can cause separate property to lose its protected status.",{"term":263,"definition":264},"Equitable Distribution","A divorce property division standard used in most US states that divides marital assets fairly but not necessarily equally, based on factors such as income, length of marriage, and contributions.",{"term":266,"definition":267},"Community Property","A marital property system used in nine US states where most assets and debts acquired during marriage are owned 50/50 by both spouses.",{"term":269,"definition":270},"Spousal Support","Payments made by one spouse to the other after separation or divorce to help maintain a comparable standard of living; also called alimony or maintenance.",{"term":272,"definition":273},"Full Financial Disclosure","Each party's obligation to disclose all assets, debts, income, and financial obligations to the other before signing the agreement — a requirement for enforceability in most jurisdictions.",{"term":275,"definition":276},"Unconscionability","A legal standard under which courts may void an agreement that is so one-sided or unfair at the time of signing that enforcing it would be unjust.",{"term":278,"definition":279},"Independent Legal Advice (ILA)","Each party consulting their own separate lawyer before signing — a procedural step that significantly strengthens enforceability in Canada, the UK, and other jurisdictions.",{"term":281,"definition":282},"Sunset Clause","A provision that causes the agreement, or specific terms within it, to expire after a defined number of years or upon a triggering event such as the birth of a child.",{"term":284,"definition":285},"Transmutation","The process by which property changes its character from separate to marital (or vice versa) through the conduct of the spouses or a written agreement.",{"term":287,"definition":288},"Schedule of Assets","An attached exhibit listing each spouse's separately owned property with current values at the time the agreement is signed, forming part of the full financial disclosure.",[290,295,299,304,309,314,319,323,328,333],{"name":291,"plain_english":292,"sample_language":293,"common_mistake":294},"Recitals and Definitions","Identifies both spouses by full legal name, states the date and place of marriage, and defines key terms used throughout the agreement such as 'Marital Property,' 'Separate Property,' and 'Effective Date.'","This Post-Nuptial Agreement ('Agreement') is entered into on [DATE] by and between [SPOUSE 1 FULL NAME] and [SPOUSE 2 FULL NAME] (collectively, 'the Parties'), who were married on [MARRIAGE DATE] in [CITY, STATE/COUNTRY]. Capitalized terms used herein have the meanings set forth in Section 1.","Using nicknames or informal names instead of full legal names as they appear on the marriage certificate — courts have rejected agreements on this basis when identity became a point of dispute.",{"name":272,"plain_english":296,"sample_language":297,"common_mistake":298},"States that each spouse has fully disclosed all assets, debts, income, and financial obligations, and references the attached schedules as evidence of that disclosure.","Each Party represents that they have fully and accurately disclosed to the other all assets, liabilities, income, and financial obligations as set out in Schedule A (Spouse 1) and Schedule B (Spouse 2) attached hereto and incorporated by reference.","Attaching incomplete or estimated schedules rather than current account statements and appraisals — courts routinely void agreements where one party can show they were unaware of a significant asset at signing.",{"name":300,"plain_english":301,"sample_language":302,"common_mistake":303},"Classification of Separate Property","Lists each spouse's assets that will remain their exclusive separate property regardless of the marriage and defines what happens if those assets appreciate in value.","[SPOUSE 1 NAME] shall retain as their sole separate property all assets listed in Schedule A, including but not limited to [ASSET DESCRIPTION] valued at approximately $[AMOUNT] as of [DATE]. Appreciation in the value of separate property shall remain separate unless otherwise stated herein.","Failing to address appreciation and income generated by separate property. In equitable distribution states, passive appreciation of separate property may be treated as marital — the clause must expressly exclude it.",{"name":305,"plain_english":306,"sample_language":307,"common_mistake":308},"Classification of Marital Property","Describes how jointly acquired marital assets — real estate, savings, investments, retirement accounts — will be divided or allocated between the spouses upon divorce or death.","All marital property acquired since [MARRIAGE DATE], including the jointly held property located at [ADDRESS], shall be divided as follows upon dissolution of the marriage: [SPOUSE 1 NAME] shall receive [X]% and [SPOUSE 2 NAME] shall receive [X]%.","Describing the division in vague percentages without specifying which assets each percentage applies to — ambiguity forces court interpretation and can produce an outcome neither party intended.",{"name":310,"plain_english":311,"sample_language":312,"common_mistake":313},"Debt Allocation","Assigns responsibility for each spouse's existing and future debts, protecting one spouse from liability for debts incurred solely by the other.","Each Party shall remain solely responsible for all debts listed under their name in Schedule C, and shall indemnify and hold harmless the other Party from any claim, loss, or liability arising from those debts. Debts incurred jointly after [EFFECTIVE DATE] shall be shared equally unless otherwise agreed in writing.","Omitting an indemnification clause. Without it, creditors are not bound by the agreement — a spouse can be pursued for the other's debts even if the postnup allocates them differently.",{"name":315,"plain_english":316,"sample_language":317,"common_mistake":318},"Business Ownership and Income","Specifies that a business owned or operated by one spouse, and any income or equity it generates, will remain that spouse's separate property and will not be subject to division.","[SPOUSE 1 NAME]'s ownership interest in [BUSINESS NAME], a [ENTITY TYPE] organized in [STATE], including all equity, distributions, and goodwill generated after [DATE], shall be and remain the sole separate property of [SPOUSE 1 NAME].","Not addressing goodwill separately from hard assets. Courts often treat professional goodwill (of a doctor's or lawyer's practice, for example) as marital property even when the business itself is classified as separate — the clause must address both.",{"name":269,"plain_english":320,"sample_language":321,"common_mistake":322},"Either waives spousal support entirely, or establishes a formula or fixed amount that will govern any support obligation upon separation or divorce, in lieu of court determination.","In the event of dissolution of the marriage, [SPOUSE 1 NAME] agrees to pay [SPOUSE 2 NAME] spousal support of $[AMOUNT] per month for a period of [DURATION], or until [TRIGGERING EVENT], whichever occurs first. This provision constitutes the entire support obligation and supersedes any default entitlement under applicable law.","Including a complete spousal support waiver without ensuring both parties had independent legal advice. Courts in most jurisdictions scrutinize waivers heavily and will void them if the waiving party did not understand the right they were surrendering.",{"name":324,"plain_english":325,"sample_language":326,"common_mistake":327},"Inheritance and Estate Rights","Clarifies each spouse's rights (or agreed limitations on those rights) to inherit from the other's estate, including any modifications to elective-share or forced-heirship rights.","Each Party waives any claim to a statutory elective share or forced heirship in the estate of the other Party, except as specifically provided in each Party's current Will dated [DATE]. Each Party agrees to maintain a valid Will consistent with this provision.","Waiving inheritance rights without updating the corresponding estate planning documents — a surviving spouse can claim that the will, not the postnup, controls, creating expensive probate litigation.",{"name":329,"plain_english":330,"sample_language":331,"common_mistake":332},"Independent Legal Advice","Confirms that each spouse was represented by their own separate attorney before signing and had a full opportunity to review and negotiate the terms.","Each Party acknowledges that they have had the opportunity to consult with independent legal counsel of their own choosing prior to executing this Agreement. [SPOUSE 1 NAME] was advised by [ATTORNEY NAME], [FIRM], and [SPOUSE 2 NAME] was advised by [ATTORNEY NAME], [FIRM].","Having both spouses use the same attorney or having one spouse sign without any legal representation — the most common single reason courts void post-nuptial agreements on grounds of duress or overreaching.",{"name":334,"plain_english":335,"sample_language":336,"common_mistake":337},"Governing Law, Amendment, and Entire Agreement","States which jurisdiction's law governs, requires that any amendments be in writing and signed by both parties, and confirms this document supersedes all prior oral or written understandings on the same subject.","This Agreement shall be governed by the laws of [STATE/PROVINCE/COUNTRY]. It may not be amended except by a written instrument signed by both Parties before a notary. This Agreement constitutes the entire agreement between the Parties with respect to the matters herein and supersedes all prior representations.","Choosing a governing jurisdiction where neither spouse lives or works, hoping for more favorable law — courts in the actual domicile jurisdiction routinely disregard such clauses and apply local law instead.",[339,344,349,354,359,364,369,374],{"step":340,"title":341,"description":342,"tip":343},1,"Enter both spouses' legal names and marriage details","Use full legal names as they appear on the marriage certificate. Record the exact date and jurisdiction of the marriage in the recitals section.","Confirm the marriage date against the official certificate before drafting — a discrepancy, even by one day, can be used to challenge the agreement's validity.",{"step":345,"title":346,"description":347,"tip":348},2,"Prepare complete financial disclosure schedules","Each spouse must list all assets (real estate, bank accounts, investments, retirement accounts, business interests) and all debts (mortgages, credit cards, student loans) with current valuations. Attach current statements and, for real property, a recent appraisal or assessed value.","Disclosure schedules should be dated within 30 days of signing — stale values give a dissatisfied spouse grounds to claim material misrepresentation.",{"step":350,"title":351,"description":352,"tip":353},3,"Classify separate and marital property","Work through each asset and explicitly designate it as separate (one spouse's exclusive property) or marital (subject to the agreed division formula). Address appreciation and income generated by separate assets.","If a separate-property asset has already been commingled with marital funds — for example, an inheritance deposited into a joint account — note it explicitly and consider a tracing agreement.",{"step":355,"title":356,"description":357,"tip":358},4,"Draft the debt allocation clause","List each debt by creditor, account number (last four digits), and balance. Assign each to the responsible spouse and include a mutual indemnification provision protecting the other spouse from third-party creditors.","Note that this clause binds the spouses to each other but does not change what creditors can pursue — refinancing joint debts into individual names is the only way to fully protect the non-responsible spouse.",{"step":360,"title":361,"description":362,"tip":363},5,"Address business ownership and spousal support","If either spouse owns or co-owns a business, include a specific clause covering equity, goodwill, and income. Decide whether to waive, cap, or formula-set spousal support — and state the triggering events and duration clearly.","For businesses with significant goodwill (professional practices, agencies, consultancies), consider commissioning a formal business valuation and attaching it as an exhibit.",{"step":365,"title":366,"description":367,"tip":368},6,"Confirm independent legal advice for each spouse","Each spouse must retain their own separate attorney before signing. Record each attorney's name and firm in the ILA clause. Both attorneys should review and ideally co-sign the final document.","Allow at least two weeks between presenting the draft to the other spouse and the signing date — courts look for signs of duress, and a same-day turnaround raises red flags.",{"step":370,"title":371,"description":372,"tip":373},7,"Execute before a notary with witnesses","Both spouses must sign in front of a notary public. Many jurisdictions also require two disinterested witnesses. Check the signing requirements for your specific state or province before scheduling execution.","Have the notarized original stored by one spouse's attorney and provide a certified copy to the other — keeping only a personal copy risks a claim that the original was altered after signing.",{"step":375,"title":376,"description":377,"tip":378},8,"Store and review on a defined schedule","File the executed agreement with your estate planning documents. Set a calendar reminder to review the agreement every 3–5 years or whenever a major financial change occurs — property purchase, business sale, or inheritance received.","A sunset clause that triggers an automatic review (not automatic expiry) encourages both spouses to revisit terms as circumstances evolve without voiding existing protections.",[380,384,388,392,396,400],{"mistake":381,"why_it_matters":382,"fix":383},"Signing without independent legal advice for both spouses","Courts in nearly every common-law jurisdiction treat shared or absent representation as evidence of duress or overreaching — the most common single ground for voiding a post-nuptial agreement entirely.","Each spouse must retain their own attorney before the signing date. Document the representation in the ILA clause and allow adequate review time between draft presentation and execution.",{"mistake":385,"why_it_matters":386,"fix":387},"Incomplete or undated financial disclosure schedules","A spouse who later discovers an asset was omitted from disclosure has strong grounds to void the agreement — courts treat incomplete disclosure as a form of fraud on the other party.","Attach current account statements, appraisals, and business valuations dated within 30 days of signing. Both spouses should sign each schedule page to confirm receipt.",{"mistake":389,"why_it_matters":390,"fix":391},"Using vague property division language","Clauses like 'assets shall be divided fairly' or 'each spouse keeps their own property' have no legal precision — courts fill the gap with default statutory rules, which may directly contradict what the parties intended.","Specify each asset by description and value, assign it to a named spouse or state a precise percentage split, and address appreciation and income separately.",{"mistake":393,"why_it_matters":394,"fix":395},"Failing to address commingled assets","If a separate-property asset — such as an inheritance — has been deposited into a joint account, courts may treat the entire account as marital property, negating the separate-property designation in the agreement.","Identify every commingled asset explicitly, include a tracing provision or attach a tracing exhibit, and consider separating commingled funds into individual accounts before signing.",{"mistake":397,"why_it_matters":398,"fix":399},"Choosing a governing jurisdiction with no connection to the spouses' domicile","Courts in the jurisdiction where the spouses actually live routinely disregard forum-selection clauses that appear designed to evade local mandatory law — including community property rules and minimum spousal support standards.","Use the law of the state or country where the couple resides or where the marriage is most substantially connected. Confirm the choice with an attorney licensed in that jurisdiction.",{"mistake":401,"why_it_matters":402,"fix":403},"Not updating estate planning documents to match the postnup","An inheritance waiver in a post-nuptial agreement can conflict with a will or beneficiary designation that was never updated — creating probate disputes that override the parties' clear financial intentions.","Update wills, beneficiary designations on retirement accounts and life insurance, and any trust documents within 30 days of executing the post-nuptial agreement.",[405,408,411,414,417,420,423,426,429],{"question":406,"answer":407},"What is a post-nuptial agreement?","A post-nuptial agreement is a legally binding contract signed by two spouses after they are already married. It defines how assets, debts, and financial obligations will be divided if the marriage ends in divorce, separation, or death. Unlike a prenuptial agreement, it is executed while the couple is already legally married, which affects the consideration requirements and enforceability standards courts apply.\n",{"question":409,"answer":410},"Is a post-nuptial agreement legally enforceable?","Post-nuptial agreements are generally enforceable in most US states, Canadian provinces, the UK, and many EU member states, provided both parties made full financial disclosure, each had independent legal advice, neither was under duress, and the terms are not unconscionable. A handful of states historically declined to enforce them, but the majority now recognize them. Consult a family law attorney in your specific jurisdiction before relying on enforceability.\n",{"question":412,"answer":413},"What is the difference between a prenuptial and a post-nuptial agreement?","A prenuptial agreement is signed before marriage; a post-nuptial agreement is signed after. The core subject matter — property division, debt allocation, spousal support — is substantially the same. The difference is legal context: post-nuptial agreements are scrutinized more carefully because marriage creates a fiduciary relationship between spouses, raising the bar for demonstrating that both parties negotiated at arm's length without undue influence.\n",{"question":415,"answer":416},"Does a post-nuptial agreement require a notary?","In most US states and Canadian provinces, notarization is required for a post-nuptial agreement to be valid — and many jurisdictions also require two disinterested witnesses. In the UK, notarization is not formally required but is strongly recommended as evidence of voluntary execution. Check the specific execution requirements in your jurisdiction before scheduling the signing.\n",{"question":418,"answer":419},"Can a post-nuptial agreement protect a business?","Yes. A post-nuptial agreement is one of the most effective tools for protecting a business started or significantly grown during marriage from division in divorce. The clause should cover equity, goodwill (both enterprise and personal), distributions, and the income generated by the business. For practices with substantial professional goodwill — medical, legal, or financial advisory firms — attach a current business valuation as an exhibit to the agreement.\n",{"question":421,"answer":422},"Can we write a post-nuptial agreement without lawyers?","While spouses can technically draft the document themselves, the absence of independent legal advice for each party is the single most common reason courts void post-nuptial agreements. A template provides the correct structure and clause coverage, but each spouse should have their own attorney review the final draft before signing. The cost — typically $500–$1,500 for each attorney's review — is modest compared to the litigation exposure created by an unenforceable agreement.\n",{"question":424,"answer":425},"What can a post-nuptial agreement not cover?","Post-nuptial agreements generally cannot predetermine child custody or child support arrangements — courts retain jurisdiction over children's best interests regardless of what the agreement says. They also cannot include provisions that encourage or incentivize divorce, require illegal acts, or waive rights that statute expressly prohibits waiving. Any term a court considers against public policy may be struck while leaving the rest of the agreement intact.\n",{"question":427,"answer":428},"How long does a post-nuptial agreement last?","Unless the agreement contains a sunset clause specifying an expiration date or triggering event, it remains in force for the duration of the marriage. Many couples include a review provision requiring both spouses to revisit the terms every 3–5 years or upon major life changes such as the birth of a child, a significant inheritance, or a business sale. Regular reviews reduce the risk that the agreement becomes outdated or unconscionable due to changed circumstances.\n",{"question":430,"answer":431},"Do both spouses need to agree to a post-nuptial agreement?","Yes — a post-nuptial agreement is a contract and requires the genuine voluntary consent of both spouses. It cannot be imposed unilaterally. Any sign of duress, coercion, or lack of meaningful negotiation can void the agreement. Courts look at factors including the time between presentation of the draft and the signing date, whether both parties had legal representation, and whether either spouse was under financial or emotional pressure at the time of execution.\n",[433,437,441,445],{"industry":434,"icon_asset_id":435,"specifics":436},"Professional Services","industry-professional-services","Physicians, attorneys, and accountants use post-nuptial agreements to protect professional practice goodwill — which courts frequently classify as marital property — and to ring-fence client relationships and revenue streams from division in divorce.",{"industry":438,"icon_asset_id":439,"specifics":440},"Technology / SaaS","industry-saas","Founders who built or significantly grew a SaaS company after marriage use post-nuptial agreements to designate equity, vested stock options, and unrealized IP value as separate property before a funding round or exit event.",{"industry":442,"icon_asset_id":443,"specifics":444},"Real Estate","industry-real-estate","Real estate investors and developers use post-nuptial agreements to classify individually owned properties, protect rental income streams, and prevent a divorce from triggering a forced sale of investment portfolio assets.",{"industry":446,"icon_asset_id":447,"specifics":448},"Family-Owned Business","industry-manufacturing","Owners of multigenerational family businesses use post-nuptial agreements to ensure a spouse's divorce cannot compel a sale or partition of shares, protecting the continuity and control structure of the enterprise.",[450,453,456,459],{"vs":228,"vs_template_id":451,"summary":452},"prenuptial-agreement-D13027","A prenuptial agreement is executed before the wedding and typically subject to a lower enforceability bar because the parties have not yet created a marital fiduciary relationship. A post-nuptial agreement covers the same subject matter but is signed during an existing marriage, requiring stronger procedural safeguards — particularly independent legal advice and more rigorous financial disclosure — to satisfy courts that neither party was pressured. Use a prenup if the marriage has not yet occurred; use a postnup for all other situations.",{"vs":85,"vs_template_id":454,"summary":455},"separation-agreement-D13029","A separation agreement is executed when spouses have decided to live apart and resolves the immediate practical consequences — property division, support, parenting — of a specific separation. A post-nuptial agreement is executed while the couple intends to remain together and operates as a contingency plan for a future dissolution. Separation agreements are final resolutions; post-nuptial agreements are advance planning documents.",{"vs":232,"vs_template_id":457,"summary":458},"divorce-settlement-agreement-D13032","A divorce settlement agreement is signed as part of active divorce proceedings and becomes incorporated into a court judgment. A post-nuptial agreement is a private contract signed while the marriage is intact, intended to govern what happens if divorce occurs later. If a divorce does proceed, a valid post-nuptial agreement typically controls the financial terms and can shortcut or eliminate contested litigation.",{"vs":244,"vs_template_id":460,"summary":461},"cohabitation-agreement-D13031","A cohabitation agreement governs the financial relationship of unmarried partners living together. A post-nuptial agreement applies exclusively to legally married spouses. The two documents share structural similarities but operate under different legal frameworks — cohabitation agreements do not benefit from or require compliance with marital contract law standards, and in many jurisdictions have different enforceability rules.",{"use_template":463,"template_plus_review":467,"custom_drafted":471},{"best_for":464,"cost":465,"time":466},"Couples with straightforward finances, no business interests, and assets under $250K who want a clear, structured starting point","Free","1–3 hours to complete the template",{"best_for":468,"cost":469,"time":470},"Most married couples — both spouses use the template to draft, then each retains their own attorney for a review and signing","$500–$1,500 per spouse for attorney review","1–3 weeks",{"best_for":472,"cost":473,"time":474},"High-net-worth couples, business owners, blended families with significant trust or estate complexity, or any cross-border situation","$3,000–$10,000+ (each attorney)","3–8 weeks",[476,481,486,491],{"code":477,"name":478,"flag_asset_id":479,"note":480},"us","United States","flag-us","Post-nuptial agreements are recognized in most US states, though historically a minority of states refused to enforce them on public policy grounds. The Uniform Premarital and Marital Agreements Act (UPMAA), adopted in over a dozen states, provides a clear enforceability framework. Community property states (California, Texas, Arizona, and six others) have specific rules about transmutation that must be followed precisely. California requires both parties to have had independent counsel or to have expressly waived it in a separate writing.",{"code":482,"name":483,"flag_asset_id":484,"note":485},"ca","Canada","flag-ca","In Canada, post-nuptial agreements are commonly called 'domestic contracts' and are governed by provincial family law statutes — most importantly the Ontario Family Law Act and equivalent provincial legislation. Each province sets its own formal requirements, but most require that the agreement be signed, witnessed, and that both parties received independent legal advice. Quebec operates under civil law; post-nuptial contracts must be notarized before a Quebec notary and filed in the notarial register to be valid against third parties.",{"code":487,"name":488,"flag_asset_id":489,"note":490},"uk","United Kingdom","flag-uk","Post-nuptial agreements in England and Wales are not automatically binding but are given significant weight by courts following the landmark Radmacher v. Granatino (2010) Supreme Court decision, provided both parties had full disclosure, independent legal advice, and signed freely without pressure. Scottish law treats them similarly. The Law Commission has recommended legislation to make qualifying post-nuptial agreements fully binding, but as of 2025 courts still retain discretion. Notarization is not legally required but is strongly recommended.",{"code":492,"name":493,"flag_asset_id":494,"note":495},"eu","European Union","flag-eu","Enforceability of post-nuptial agreements varies significantly across EU member states. Under EU Regulation 2016/1103, spouses can choose the law of a country where at least one of them is habitually resident or a national to govern their matrimonial property regime. France, Germany, and the Netherlands have well-established marital contract traditions and generally enforce post-nuptial agreements that comply with local notarization and registration requirements. GDPR has limited implications for the financial disclosure schedules if they are stored digitally. Legal advice from an attorney qualified in the relevant member state is essential.",[229,237,233,229,248,241,251,497,498,499,500,501],"non-disclosure-agreement-nda-D12692","proxy-revocable-D20","financial-projections_12-months-D360","general-power-of-attorney-D1037","independent-contractor-agreement-D160",{"emit_how_to":193,"emit_defined_term":193},{"primary_folder":94,"secondary_folder":504,"document_type":505,"industry":506,"business_stage":507,"tags":508,"confidence":514},"personal-and-estate-legal","agreement","general","all-stages",[509,510,511,512,513],"legal","post-nuptial-agreement","marriage-contract","asset-division","estate-planning",0.95,"\u003Ch2>What is a Post-Nuptial Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Post-Nuptial Agreement\u003C/strong> is a legally binding contract signed by two married spouses that establishes how their assets, debts, and financial obligations will be divided if the marriage ends in divorce, legal separation, or death. It functions as the post-marriage equivalent of a prenuptial agreement — covering property classification, debt allocation, spousal support, business ownership protections, and inheritance rights — but is executed after the wedding has already taken place. Because marriage creates a fiduciary relationship between spouses, courts apply a heightened scrutiny standard to post-nuptial agreements, requiring full mutual financial disclosure, independent legal advice for each party, and clear evidence that both spouses signed voluntarily and without duress.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a post-nuptial agreement, the division of marital property upon divorce or death is governed entirely by the default rules of your jurisdiction — which may bear no resemblance to what you and your spouse actually intend. In equitable distribution states, a court divides assets based on factors such as income disparity and length of marriage; in community property states, most marital assets are split 50/50 regardless of who earned or built them. A business started after the wedding, an inheritance deposited into a joint account, or investment portfolio growth accumulated over years can all become subject to division in the absence of a clear written agreement. Post-nuptial agreements are particularly critical when financial circumstances change significantly mid-marriage — a new business, a large inheritance, a period of marital difficulty, or the discovery that no prenup was signed. This template gives both spouses a professionally structured, jurisdiction-aware starting point that, combined with independent legal review for each party, produces an enforceable document that reflects your actual financial intentions rather than a court's best guess.\u003C/p>\n",1779808916586]