Postnuptial Agreements are used by couples who are already married and want to decide how to dispose of their property in the event of death or divorce. This agreement sets out all property (shared and separate) and if alimony and support will be paid as a result of death or divorce.
POSTNUPTIAL AGREEMENT BETWEEN
THIS AGREEMENT is made and entered into this _____ day of ______, 20__ by and between ______________, a resident of _______________, and _______________, a resident of __________________, who shall be collectively knownherein as "the parties". The agreement is also known as a "Premarital agreement".
WHEREAS, the parties are presently divorced from each other as of _______________. The parties desire to fix and determine various financial relationshipsthat will apply after their marriage, and continue until their death orotherwise;
WHEREAS, information about each of the parties' assets, liabilities and approximate current income has beenexchanged prior to entering into this agreement and summations of said information for each party is attached herein;
WHEREAS, each party has had the opportunity to fully examine the financial disclosures of the other party assummarized in the attachment;
WHEREAS, neither party has consulted with an attorney concerning this agreement prior to entering into it;
WHEREAS, each party enters into this agreement freely and under no duress or undue influence upon his orher decision to sign.
FOR THE GOOD AND VALUABLE CONSIDERATIONS, the receipt and sufficiency of which are hereby acknowledged, the partiesagree as follows:
I. Effective Date of Agreement. This Agreement shall take effect only upon the lawful the dissolution of marriage of theparties to one another. Further, the effective date of this Agreement is the date upon which the parties arelegally divorced.
II. Separate Property. Each party’s separate property are here as follows;
III. Alimony. Each party hereby waives, releases and relinquishes any and all rights whatsoever, whetherarising by common or statutory law (present or future) of any jurisdiction to spousal alimony, maintenance orother allowances arising out of divorce.
IV. Waiver of Rights Upon Death. Upon the death of either or both of the parties, it is agreed that the otherparty (including heirs and assigns) shall make no claim against or assert any right to a share in the probateestate of such deceased party.
IN WITNESS WHEREOF, we each sign the foregoing this agreement, do it willingly and as our free andvoluntary act for the purposes herein expressed, and further state that we are each eighteen years of age orolder, of sound mind, and under no constraint or undue influence.
Spouse 1 Date
Spouse 2 Date