Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
POST-NUPTIAL AGREEMENT
This Post-Nuptial Agreement ('Agreement') is made and entered into this {{day}} day of {{month}}, {{year}}, by and between:
{{Party_A_Full_Name}}, an adult male/female, residing at {{Party_A_Address}} (hereinafter referred to as 'Party A');
AND
{{Party_B_Full_Name}}, an adult male/female, residing at {{Party_B_Address}} (hereinafter referred to as 'Party B').
Party A and Party B are sometimes hereinafter referred to individually as 'Party' and collectively as 'the Parties'.
RECITALS
WHEREAS, the Parties were lawfully married to each other on {{Date_of_Marriage}} in {{Place_of_Marriage}};
WHEREAS, the Parties desire to define and clarify their respective rights, duties, and obligations with respect to their property, assets, liabilities, and financial matters, both individual and marital, during their marriage and in the event of separation, divorce, dissolution of marriage, or death of either Party;
WHEREAS, both Parties have been advised by independent legal counsel of their choosing and fully understand the terms and legal consequences of this Agreement;
WHEREAS, the Parties acknowledge that this Agreement is being entered into voluntarily, without duress or undue influence, and after full and frank disclosure of all assets and liabilities by each Party to the other.
DISCLOSURE OF ASSETS AND LIABILITIES
Party A has fully and accurately disclosed to Party B all of Party A's assets and liabilities, as set forth in 'Schedule A' attached hereto and incorporated by reference.
Party B has fully and accurately disclosed to Party A all of Party B's assets and liabilities, as set forth in 'Schedule B' attached hereto and incorporated by reference.
The Parties acknowledge that they have been afforded a full opportunity to inspect and inquire into the financial records and holdings of the other Party.
SEPARATE PROPERTY
All property, whether real, personal, or mixed, owned by each Party prior to their marriage, as listed in 'Schedule A' (for Party A) and 'Schedule B' (for Party B), shall remain the sole and separate property of that Party. This includes, but is not limited to, all income derived from such separate property and any appreciation in value thereof.
Each Party shall have the exclusive right to manage, control, sell, encumber, or otherwise dispose of his or her separate property without the consent or joinder of the other Party.
Any property acquired by either Party by gift, bequest, devise, or inheritance during the marriage shall be and remain the separate property of the acquiring Party.
MARITAL PROPERTY
All property, whether real, personal, or mixed, acquired by the Parties jointly or individually during the course of the marriage, other than separate property as defined above, shall be considered marital property.
In the event of separation or divorce, the marital property shall be divided equally between the Parties, unless otherwise agreed upon in writing.
The Parties agree that any property purchased with commingled funds, unless explicitly designated as separate property, shall be considered marital property.
DEBTS AND LIABILITIES
Each Party shall be solely responsible for all debts and liabilities incurred by that Party prior to the marriage, as listed in their respective Schedules.
All debts and liabilities incurred jointly by the Parties during the marriage shall be considered marital debts and shall be equally divided in the event of separation or divorce.
Any debt incurred by one Party during the marriage for the benefit of the family or for a purpose that benefits both Parties shall be considered a marital debt.
SPOUSAL SUPPORT / ALIMONY
In the event of separation or divorce, the Parties agree that neither Party shall be entitled to spousal support or alimony from the other Party, regardless of the relative financial circumstances of the Parties at the time of separation or divorce, unless otherwise explicitly agreed upon in writing at a later date.
This waiver of spousal support is made voluntarily and with full understanding of its consequences.
GOVERNING LAW
This Agreement shall be construed and governed in accordance with the laws of {{Jurisdiction}}.
DISPUTE RESOLUTION
Any dispute or claim arising out of or in connection with this Agreement shall be submitted to mediation. If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of {{Arbitration_Body}}.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties.
EFFECT OF DIVORCE OR ANNULLMENT
In the event of a divorce, annulment, or legal separation, the terms of this Agreement shall be binding upon the Parties, their heirs, executors, administrators, and assigns.
Signatures
IN WITNESS WHEREOF, the Parties have executed this Post-Nuptial Agreement on the date first written above.
____________________________
{{Party_A_Full_Name}}
____________________________
{{Party_B_Full_Name}}
WITNESSES:
____________________________
{{Witness_1_Full_Name}}
{{Witness_1_Address}}
____________________________
{{Witness_2_Full_Name}}
{{Witness_2_Address}}
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