Self-help templates
Marital Property Agreement (Prenuptial or Postnuptial)
For spouses or couples about to marry who want to agree in writing who owns what, how debts are shared, and what happens to the home if the marriage ends.
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How to use it
- When: two people who are about to marry, or who are already married, want to agree in writing how their property and debts are owned and divided, during the marriage and if it ends.
- Who signs: both spouses or future spouses. Each keeps a signed copy. Many countries also require a notary or registration.
- Fill in everything in [square brackets] and cross out options that do not apply. List each person's property in the schedules with values and documents.
- Be open: each side must disclose everything they own and owe. A hidden asset can make the agreement unenforceable.
- Be fair: an agreement that is reasonable for both is more likely to be respected. Each person should have time to read it and the chance to take their own legal advice.
- Tip: sign well before the wedding if it is a prenuptial agreement, so nobody can say they were rushed. Review it after major life changes such as children, a move or a business.
What is inside
- Art. 1. The spouses
- Art. 2. Purpose and timing
- Art. 3. Property regime
- Art. 4. Separate property
- Art. 5. Property acquired during the marriage
- Art. 6. The family home
- Art. 7. Debts
- Art. 8. Income, household costs and support
- Art. 9. If the marriage ends
- Art. 10. Disclosure, advice and fairness
- Art. 11. Form, changes, law and declaration
- Notes on the clauses and a checklist of what to check under your country's law
What these templates are not
- They are self-help templates, not legal advice, and they do not replace a lawyer.
- Laws differ from country to country, and some rules cannot be changed by contract. Each template ends with a checklist of what to check where you live.
- For a high-value or unusual situation, ask a local lawyer or notary to look at the final text.
TheLawToKnow Tools. Self-help template. Not legal advice. Check the law currently in force. Written with the help of AI tools and reviewed by a lawyer-author.