Free Washington DC Postnuptial Agreement Template

A Washington DC postnuptial agreement is a written contract spouses or domestic partners sign during the relationship about property and estate rights. DC’s divorce and probate statutes both refer to postnuptial agreements by name.

It Can Take Property Out of the Court’s Hands

When a divorce, legal separation, or annulment is decreed, or a domestic partnership ends and a party petitions, the court divides property in the absence of a valid antenuptial or postnuptial agreement resolving all property issues (DC Code § 16-910).

Partial Agreements Still Count

If the agreement doesn’t resolve everything, the court values and distributes the remaining property and debt from the marriage or partnership. Under the same section, that covers anything not addressed in a valid postnuptial agreement, regardless of how title is held, including tenancy by the entireties.

Separate Property Is Assigned First

Without an agreement resolving all issues, the court assigns each party their separate property acquired before the marriage or partnership. It also assigns separate property acquired during it by gift, bequest, devise, or descent, plus any increase and exchanges (DC Code § 16-910).

Estate Rights Follow the Agreement

A valid antenuptial or postnuptial agreement determines the surviving spouse’s or domestic partner’s rights in the other’s real and personal estate. The survivor may still accept a gift left to them in the deceased spouse’s will (DC Code § 19-113(f)).

It can cover both. Section 16-910 lets a valid postnuptial agreement control property division at divorce, and § 19-113(f) lets it determine rights in a spouse’s estate at death.

So a Washington DC postnuptial agreement can do a lot of work. That makes it worth resolving every property issue clearly, since anything left unaddressed goes to the court’s equitable distribution.

Take these steps for a Washington DC postnuptial agreement:

1. Decide the scope. Choose whether to resolve all property issues or only some.
2. List property and debt acquired during the marriage or partnership.
3. Address estate rights, and any will gifts you still want to receive.
4. Trade complete financial statements before anyone signs.
5. Get independent advice for each spouse or partner.
6. Sign and date the agreement, and keep it with your estate documents.

A thorough agreement covers:

• Property and debt — each asset and liability, with its intended division
• Title notes — including property held as tenants by the entireties
• Estate rights — what each person receives at death
• Relationship status — married or domestic partners
• Signatures — both parties, dated