Collect Data For Legal Vermont Postnuptial Forms For Free

Many couples assume they must hire a divorce lawyer to draw up a postnup, but this isn't necessarily true. If you and your spouse are on good terms and can communicate openly about your finances, you may be able to create the agreement yourselves.

Postnuptial agreements are invalid if it is determined that one of the parties exercised fraud, duress, or undue influence over the other. Fraud generally exists when one party deceived or concealed an important fact that would impact whether or not the other party executed the agreement.

The disposition of property, other marital assets, custody, alimony, support, and the like are agreed to by the marital partners upon separation. This part of the agreement is typically incorporated into the final divorce decree. A postnuptial agreement will also seek to establish spouses' rights in a future divorce.

In the simplest of situations, you could draft a postnup using a template found online. It's also faster to write your own postnup with your spouse than it is to work with a lawyer. In fact, you may be able to do it over a weekend. (Just make sure you address every possible asset and debt.)

Postnuptial agreements must be in writing. Voluntary ? Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.

Before proceeding with a postnup, it's also worth keeping in mind that these agreements are easier to enforce in some states than in others. Most courts tend to uphold the agreements as long as they're written, signed without coercion, and involve a full disclosure of financial information on both sides.