POSTNUPTIAL AGREEMENT
This Postnuptial Agreement (this “Agreement”) is entered into on _________ day of ____________, 2022, by and between ________________________________ (hereinafter referred to as “husband”) and ______________________________ (hereinafter referred to as “wife”). Both currently residing at _________________________. Each individual may be referred to as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, the Parties were married on _______________________in _________________;
WHEREAS, the Parties have ________________ children together;
WHEREAS, the Parties are each desirous of formalizing their respective joint and several financial and legal rights, obligations, liabilities, and property rights in the event of their separation or divorce, or in the event of annulment of their Marriage;
WHEREAS, the Parties have made a complete and accurate disclosure of their intended separation of assets and liabilities;
WHEREAS, the Parties intend this postnuptial agreement to become effective immediately;
NOW, THEREFORE, THE PARTIES AGREED TO BE BOUND AS FOLLOWS:
- PREMARITAL PROPERTY
Any property acquired by either party prior to the marriage shall remain separate property during and after the marriage, including any increase in value relating to the property. Each party will have the full right and authority to manage, sell, gift, transfer or otherwise dispose his or her separate property.
- PROPERTY ACQUIRED DURING MARRIAGE
Any property by either party individually during the subsistence of the marriage shall be treated as non-marital, individual and separate property, including any increase in the value relating to the property. Each Party will have the full right and authority to manage, sell, gift, transfer or otherwise dispose his or her separate property as per SCHEDULE A and B. All assets and property that are earned and acquired by both Parties through their joint efforts or given to both Parties will be treated as marital property and owned equally by the Parties or as otherwise designated in writing signed by both Parties.
- DEBT
Any debt acquired prior to the marriage, or during the marriage, will be the sole responsibility of Party who acquired the debt notwithstanding the fact that the other party co-signed it. The other party will not assume or become responsible for such debts or obligations without his or her written consent. Each Party will indemnify the other Party will indemnify the other Party and be responsible for all related expenses including attorney’s fees if a debt or obligation is asserted as a claim or demand against the other Party’s property.
- TAXES
This Agreement does not waive the Parties’ right to report their income for federal or state income tax purposes jointly. If the Parties later elect to jointly file federal and state income tax returns, it shall not create any community property or any other rights or interests unless otherwise intended by the provisions of this Agreement, and each Party will continue to be liable for any and all taxes associated with his or her separate property. Federal gift tax laws and federal estate tax laws impacting the rights of spouses shall continue to apply independent of this Agreement.
- MARITAL HOME
The martial home will be treated as marital property and owned equally by both Parties. Equity from the house will be disbursed equally.
- CHILDREN FROM MARRIAGE
If there are any children of the marriage between the Parties, this Agreement will not affect the rights of such children to support from either or both of the Parties. All medical expenses for children will be divided equally. In case of dissolution of marriage, the wife will not put the husband on state child support.
- DIVORCE
In case of dissolution of marriage, spouses shall seek no alimony payments from other spouse. Both spouses will maintain steady sources of income sufficient enough to take care of themselves and joint custody provisions to take care of the children.
- INTENTION TO FORM BINDING RELATIONS
The Parties warrant that they have thoroughly read and understood every clause in this postnuptial Agreement and they intend for it to be a legally binding legal document
The Parties warrant that they are entering into this postnuptial Agreement entirely of their own free will and volition and expressly declare that they are acting entirely free from any kind of influence, interference, pressure (financial or otherwise), duress, or undue influence from any third-party whatsoever.
- TERM
This Agreement shall commence on the date of its execution and shall have effect indefinitely unless it is cancelled by the express agreement in writing of both Parties.
- CONFIDENTIALITY
Each Party irrevocably declares that they will keep the contents of this Agreement confidential and agree to indemnify the other against any and all losses arising from their making of the existence of this postnuptial Agreement or its contents known publicly.
- DISPUTE RESOLUTION
The Parties agree to solve any dispute arising from the subject matter of this Agreement or any contents thereof through negotiation.
- GOVERNING LAW
The postnuptial Agreement is made under the exclusive jurisdiction of the laws of North Carolina. Parties submit to the jurisdiction of the courts of North Carolina.
IN WITNESS WHEREOF, the Parties execute this Agreement as follows:
Name: _________________________
Signature: _________________________
Date: ________________________
Name: _________________________
Signature: _________________________
Date: ________________________
SCHEDULE A AND B
SCHEDULE A (HUSBAND’S ASSETS AND LIABILITIES)
- ASSETS
- LIABILITIES
SCHEDULE B (WIFE’S ASSETS AND LIABILITIES)
- ASSETS
- LIABILITIES
NOTARY ACKNOWLEDGEMENT
State of North Carolina
County of ________________
The foregoing instrument was acknowledged before me this _________ day of ___________, 20________, by the undersigned, _______________ who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument.
___________________________
Signature
____________________________
Notary Public
My Commission Expires: _____________________
State of North Carolina
County of ________________
The foregoing instrument was acknowledged before me this _________ day of ___________, 20________, by the undersigned, _______________ who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument.
___________________________
Signature
____________________________
Notary Public
My Commission Expires: _____________________
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