Financial Agreement After Marriage Template for United States

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Key Requirements PROMPT example:

Financial Agreement After Marriage

"I need a Financial Agreement After Marriage to protect my newly acquired tech startup and its intellectual property, while ensuring my spouse retains rights to our jointly owned real estate properties and investment accounts."

Document background
A Financial Agreement After Marriage serves as a crucial legal tool for married couples seeking to establish clear financial arrangements post-marriage. This document is particularly relevant when significant changes in financial circumstances occur, such as inheritance, business acquisition, or substantial income changes. In the United States, these agreements must comply with both federal and state-specific matrimonial laws, requiring full financial disclosure and independent legal counsel. The agreement typically covers property division, debt allocation, support obligations, and estate planning considerations, providing a framework for financial management during marriage and in the event of dissolution.
Suggested Sections

1. Parties: Identification of both spouses with full legal names and addresses

2. Background: Statement of marriage date, purpose of agreement, and acknowledgment of mutual desire to define financial rights

3. Definitions: Key terms used throughout the agreement including property classifications, income, etc.

4. Property Division: Classification and division of separate and marital property

5. Financial Disclosures: Complete disclosure of assets, liabilities, and income of both parties

6. Governing Law: Specification of state law governing the agreement

Optional Sections

1. Spousal Support: Terms for alimony or spousal maintenance - include when parties want to address future support obligations

2. Debt Allocation: Division of existing and future debts - include when significant debt exists or future debt allocation needs clarification

3. Business Interests: Treatment of business ownership and income - include when either party owns a business

4. Estate Planning: Provisions affecting inheritance rights - include when parties want to address inheritance matters

Suggested Schedules

1. Schedule A - Wife's Assets: Detailed listing of wife's separate property and assets

2. Schedule B - Husband's Assets: Detailed listing of husband's separate property and assets

3. Schedule C - Joint Assets: Detailed listing of marital property and assets

4. Schedule D - Financial Statements: Current financial statements of both parties

5. Certificate of Independent Legal Advice: Confirmation that each party received independent legal counsel

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

State-Specific Laws: Individual state legislation governing postnuptial agreements, including the Uniform Premarital and Marital Agreements Act (UPAA/UPMAA) where adopted, and state-specific property laws distinguishing between community property and equitable distribution states

Contract Law Principles: Fundamental contract law requirements including offer, acceptance, consideration, compliance with Statute of Frauds requiring written agreements, and general contract enforceability standards

Federal Laws: Key federal legislation including Internal Revenue Code provisions for spousal property transfers, Employee Retirement Income Security Act (ERISA) for retirement accounts, and federal bankruptcy laws

Legal Validity Requirements: Essential elements for agreement validity including full financial disclosure, recommended independent legal counsel for both parties, voluntary execution without duress or coercion, and fundamental fairness at execution time

Constitutional Considerations: Relevant constitutional principles including due process rights and equal protection under the law that may affect the agreement's validity and enforcement

Case Law: Relevant state supreme court decisions and federal court rulings that establish precedents affecting marital agreements and their enforcement

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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