FREE 5+ Postnuptial Custody Agreement Samples in MS Word | Google Docs | Apple Pages | PDF

Do you have children or are you expecting a baby? This may sound ridiculous and disheartening, but you should start planning for unfortunate situations that may occur such as divorce. Before you start protesting about this, you also need to keep in mind that having a child can really alter both of you and your spouse’s lives and you also need to make good decisions regarding the future since it is uncertain what will happen to the relationship between you and your spouse. This type of planning is called a postnuptial agreement. This agreement is similar to a contingency plan for businesses; this will help you prepare whenever you or your spouse want to divorce each other and you can make the best decisions for your children if ever this situation might happen. This article will guide you on how a postnuptial custody agreement is made.

Do you have children or are you expecting a baby? This may sound ridiculous and disheartening, but you should start planning for unfortunate situations that may occur such as divorce. Before you start protesting about this, you also need to keep in mind that having a child can really alter both of you and your spouse’s lives and you also need to make good decisions regarding the future since it is uncertain what will happen to the relationship between you and your spouse. This type of planning is called a postnuptial agreement. This agreement is similar to a contingency plan for businesses; this will help you prepare whenever you or your spouse want to divorce each other and you can make the best decisions for your children if ever this situation might happen. This article will guide you on how a postnuptial custody agreement is made.

5+ Postnuptial Custody Agreement Samples

1. Postnuptial Custody Agreement Template

2. Postnuptial Custody Agreement

3. Postnuptial Custody Contract Agreement

4. Sample Postnuptial Custody Agreement

5. Postnuptial Custody Settlement Agreement

6. Standard Postnuptial Custody Agreement

What is a Postnuptial Custody Agreement?

A postnuptial agreement is a written contract that is made after a couple gets married. It provides details on how the assets and property will be split if the relationship ends in separation or divorce and if the couple has children or is planning to have, it also sets out custody arrangements as well. Making a postnuptial agreement can protect both couples from painful court proceedings if those will occur.

How to Make a Postnuptial Custody Agreement?

1. Discuss With Your Spouse About Making This Agreement

Before you create a postnuptial agreement, discuss this with your spouse, and ensure you mutually agree that you both are willing to go through this process. Approach attorneys who specialize in this area to give you advice on how to make the agreement that will make your agreement fair and will stand in court.

2. Discuss Asset Division

Once you’ve both agreed to create the agreement, now is the time to create it. One of the important details to include in the agreement is asset division. You may have individual and joint assets and properties you’ve acquired both before and after you got married. Outline how you will divide the assets if ever your marriage might end.

3. Include Marital Debts

Don’t forget to discuss and include your debts in the agreement as well. You may have debts such as credit cards, mortgage, annual subscriptions, and healthcare expenses so you need to also discuss with each other how you will divide those in case a divorce may happen.

4. Discuss Spousal Support

Don’t forget to talk about spousal support if one spouse may need it after the marriage breaks down. This is especially important if a spouse has quit their job to take care of the children and they don’t income to support themselves alone.

5. Child Care Support

Since you have children with your spouse, you must include a section in the agreement that provides child support and custody for your little ones, especially if there are still minors. Be specific on the terms regarding which parent will the children stay with as the main guardian or what periods when each parent keeps the children.

FAQs

What are the benefits of a postnuptial agreement?

There are a lot of benefits when you create a postnuptial agreement. Some benefits include that both spouses can set the rules and not have any animosity ruling their decisions and it helps each spouse know the extent of each other’s finances which is a big factor when creating a postnuptial agreement.

 

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Once you’re done drafting the agreement, make sure to review it first and check to see if there are any errors or wrong information being input. Ensure that the details you and your spouse put in the agreement are what you both mutually agree to and make sure to be specific with your details as much as possible to avoid any miscommunication and misconception. To help you get started making the contract, download our free sample templates above to use as your guide!