Certainly! Below is an example of a **Postnuptial Agreement** written in formal legal language, addressing key aspects of property division, spousal support, and other marital obligations. This template is intended for general use and can be customized to meet the specific needs of Party A and Party B.

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### **POSTNUPTIAL AGREEMENT**

This **Postnuptial Agreement** (the “Agreement”) is entered into as of [Effective Date], by and between:

**Party A**: [Party A’s Full Name], residing at [Party A’s Address] (“Party A”),

and

**Party B**: [Party B’s Full Name], residing at [Party B’s Address] (“Party B”).

**RECITALS**

WHEREAS, Party A and Party B are currently married, having been married on [Date of Marriage], and wish to establish the terms of their respective rights and obligations with regard to the division of property, spousal support, and other matters in the event of separation, divorce, or death;

WHEREAS, the parties desire to enter into this Agreement voluntarily, with full disclosure of their assets, liabilities, and financial circumstances, and with the intention to ensure a fair and equitable resolution of such matters;

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the parties agree as follows:

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### **1. SEPARATE PROPERTY**

1.1 **Separate Property Defined**: The parties acknowledge that any property, whether real, personal, or intellectual, that was acquired by either Party before the marriage, or by inheritance or gift during the marriage, shall remain the separate property of the acquiring party.

1.2 **Documentation of Separate Property**: Both parties agree to provide a full and fair disclosure of their separate property, including a detailed list of assets, liabilities, and any supporting documentation (e.g., deeds, bank statements, etc.), which are attached to this Agreement as **Exhibit A**.

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### **2. MARITAL PROPERTY**

2.1 **Marital Property Defined**: Any property acquired by the parties jointly during the marriage, except for property specifically designated as separate property under Section 1, shall be considered marital property.

2.2 **Division of Marital Property**: In the event of divorce or separation, marital property shall be divided as follows:

a) **Real Property**: The marital residence, located at [Property Address], shall be retained by [Party A/Party B] subject to the following terms: [include any buyout provisions, timelines, etc.].

b) **Financial Accounts**: Joint bank accounts, investment accounts, and retirement accounts shall be divided equally between the parties, with [Party A/Party B] receiving [percentage]% and the other party receiving [percentage]%.

c) **Other Property**: All other marital property, including but not limited to vehicles, household items, and personal belongings, shall be divided in accordance with the following arrangement: [specify how property will be divided].

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### **3. SPOUSAL SUPPORT**

3.1 **Waiver of Spousal Support**: Both parties acknowledge that they have had the opportunity to consult with independent legal counsel regarding spousal support. In the event of divorce or separation, neither party shall be entitled to receive spousal support from the other party, unless otherwise agreed upon in writing or ordered by a court of competent jurisdiction.

3.2 **Modification of Spousal Support**: If either party’s financial circumstances change significantly, the spousal support provision may be revisited and modified by mutual written agreement or by a court order.

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### **4. DEBTS AND LIABILITIES**

4.1 **Separate Liabilities**: Each party shall be responsible for their respective debts incurred before the marriage, including credit card balances, loans, or other financial obligations.

4.2 **Joint Debts**: Any debts incurred during the marriage in both parties’ names, such as mortgage payments, car loans, or joint credit card accounts, shall be divided equally, with each party assuming [percentage]% of the total debt.

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### **5. INHERITANCES AND GIFTS**

5.1 **Inheritances**: Any inheritance received by either party during the marriage shall remain that party’s separate property, provided that the inheritance is not commingled with marital property.

5.2 **Gifts**: Any gifts received by one party during the marriage from a third party shall be considered separate property of the receiving party, unless the gift is clearly intended for both parties.

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### **6. MEDIATION AND DISPUTE RESOLUTION**

6.1 **Mediation**: In the event of any dispute arising from this Agreement, the parties agree to resolve the dispute through mediation before seeking judicial intervention. The mediation shall take place in [City/State], and the costs shall be shared equally by both parties.

6.2 **Arbitration**: If mediation fails to resolve the dispute, the parties agree to submit the matter to binding arbitration in accordance with the rules of the [Arbitration Association] or a similar institution, with both parties agreeing to be bound by the arbitration decision.

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### **7. AMENDMENTS AND TERMINATION**

7.1 **Amendment**: This Agreement may be amended or modified only by a written document executed by both parties. Any amendment shall be effective only upon execution by both parties and must be incorporated into the original Agreement.

7.2 **Termination**: This Agreement shall remain in effect until the occurrence of [specified event, e.g., divorce, annulment, death, etc.]. In the event of termination, the terms of this Agreement shall remain binding on both parties, except for those provisions that are legally unenforceable or have been modified by a subsequent agreement or court order.

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### **8. GOVERNING LAW**

8.1 **Applicable Law**: This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflicts of law principles.

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### **9. SEVERABILITY**

9.1 **Severability**: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the invalid provision shall be amended to reflect the parties’ original intent as closely as possible.

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

**Party A**:
[Party A’s Name]
[Signature]
[Date]

**Party B**:
[Party B’s Name]
[Signature]
[Date]

**Witness**:
[Witness Name, if required]
[Signature]
[Date]

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### **Explanation of Key Terms:**

1. **Marital and Separate Property**: The Agreement differentiates between property acquired before the marriage (separate property) and property acquired during the marriage (marital property), which is divided according to the parties’ preferences.
2. **Spousal Support**: The clause regarding spousal support provides for a waiver of such support, unless modifications occur based on significant changes in financial circumstances.
3. **Debts and Liabilities**: The Agreement clarifies each party’s responsibility for debts incurred both before and during the marriage.
4. **Dispute Resolution**: The mediation and arbitration provisions ensure that any disputes between the parties regarding the Agreement are handled outside of court, promoting a more efficient and cost-effective resolution.

This **Postnuptial Agreement** is designed to outline the division of property, debts, and other financial matters between Party A and Party B, ensuring that both parties have clear expectations about their rights and obligations. The Agreement also provides flexibility in terms of modifications or dispute resolution, ensuring fairness and clarity.