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POSTNUPTIAL AGREEMENT

POSTNUPTIAL AGREEMENT

This POSTNUPTIAL AGREEMENT (hereinafter referred to as “the Agreement”) is made on [INSERT DATE ON WHICH THE AGREEMENT COMES INTO FORCE] hereinafter referred as the “Effective Date”) between:

[INSERT NAME OF THE PARTY A] residing at [INSERT ADDRESS OF THE PARTY A] (hereinafter referred as the “Party A”). which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns);

And

[INSERT NAME OF THE PARTY B] residing at [INSERT ADDRESS OF THE PARTY B] (hereinafter referred as the “Party B”). which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns);

The “Party A” and the “Party B” shall be collectively referred to as “Parties” and individually as “Party”.

WHEREAS

  1. The Parties were married to each other on [INSERT DATE OF THE MARRIAGE] and desire to set forth their respective rights and obligations with regard to their financial interests and property;
  2. The Party A and Party B have been married for a certain period of time and wish to establish their respective financial rights and obligations and clarify their intentions concerning the ownership, division, and disposition of property acquired during the marriage, as well as any property that may be acquired in the future;
  3. Both Parties acknowledge that they have fully disclosed their respective financial situations to each other, and wish to enter into this Agreement freely, knowingly, and without duress;
  4. The parties wish to enter into a contract in writing.

NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL PREMISES, THE PARTIES HERETO AGREE AS FOLLOWS:

  1. PURPOSE
    1. The Parties intend to enter into this Agreement to define their respective rights and obligations concerning their property, assets, and other financial matters in the event of separation, divorce, or other circumstances as outlined herein.
  2. FINANCIAL DISCLOSURE
    1. The Parties acknowledge that they have provided each other with complete and accurate disclosure of their respective financial situations, including but not limited to income, assets, liabilities, and debts, as of the effective date of this Agreement.
  3. SEPARATE PROPERTY
    1. Party A and Party B acknowledge that all property, assets, and income acquired prior to the marriage, and any gifts or inheritances received during the marriage, shall remain the separate property of the respective Party.
    2. Each Party waives any claim to the other Party's separate property, including any appreciation, income, or other benefits derived from it.
  4. MARITAL PROPERTY
    1. The Parties acknowledge that any property or assets acquired jointly during the marriage shall be considered marital property.
    2. In the event of separation, divorce, or death, the Parties agree that marital property shall be divided as follows: [INSERT HOW MARITAL PROPERTY WILL BE DIVIDED, E.G., EQUALLY, IN ACCORDANCE WITH SPECIFIC PERCENTAGES, ETC].
  5. SPOUSAL SUPPORT
    1. Both Parties acknowledge and agree that spousal support is waived and will not be sought by either Party in the event of separation, divorce, or any other dissolution of the relationship, unless an amount is specifically agreed upon and stated below. If no amount is inserted, this waiver shall remain binding and enforceable. If either Party wishes to retain the right to receive spousal support, they may specify the agreed-upon amount here: Spousal Support Payable to [INSERT THE NAME OF PARTY]: [INSERT THE AMOUNT] AND [INSERT TERM PERIOD MONTHS/YEARS]. Otherwise, both Parties agree to be financially self-sufficient and to make a good-faith effort to obtain suitable employment or other means of support.
  6. DEBT AND LIABILITIES
    1. Each Party shall be solely responsible for any debts or liabilities incurred individually before the marriage or after the execution of this Agreement, unless otherwise expressly agreed. Joint debts or obligations undertaken together during the marriage shall be considered the mutual responsibility of both Parties.
  7. TAXES
    1. Unless otherwise agreed in writing, the Parties shall file joint tax returns during the marriage if financially beneficial to both Parties, and each Party shall cooperate fully in the preparation and filing of such returns. Each Party shall be individually responsible for any separate tax liabilities arising from their own income or investments.
  8. BUSINESS INTERESTS
    1. Each Party agrees that any interest held by them in a business, whether existing at the time of this Agreement or acquired after its execution, including any income, appreciation, or retained earnings, shall remain the separate property of the owning Party, unless expressly agreed otherwise in writing. Neither Party shall claim any interest in the other’s business, except as otherwise provided by contract or corporate agreement.
  9. WAIVER OF RIGHTS
    1. Each Party knowingly, voluntarily, and irrevocably waives, releases, and relinquishes any and all present or future claims, rights, or interests that they may have or acquire by operation of law or otherwise in the separate property, income, or estate of the other Party, whether arising under community property laws, equitable distribution principles, elective share or statutory spousal rights, or any other marital property or inheritance regime. This waiver includes, but is not limited to, any right to claim a share of the other Party’s property upon separation, divorce, annulment, or death, including any right to equitable distribution, alimony, maintenance, support, spousal allowance, or any share of property acquired before or during the marriage that is characterized in this Agreement as separate.
    2. Each Party further waives any right to act as executor, administrator, or personal representative of the other Party’s estate unless otherwise appointed by a valid last will and testament or other testamentary instrument. This waiver also applies to any interest in life insurance policies, retirement accounts, pension plans, or similar financial instruments, unless the waiving Party has been explicitly designated as a beneficiary in such instruments.
    3. The Parties acknowledge and agree that this waiver is a material term of this Agreement and has been made with full knowledge of the rights being relinquished, following disclosure of each Party’s financial circumstances. Each Party affirms that they have had the opportunity to consult with independent legal counsel regarding the nature and consequences of this waiver and the terms of this Agreement as a whole.
  10. DISPUTE RESOLUTION
    1. The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
    2. All disputes arising under this agreement shall be governed by and interpreted in accordance with the Arbitration laws of [INSERT COUNTRY/STATE OF ARBITRATION] , without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this Agreement to Arbitration in [INSERT COUNTRY/STATE OF ARBITRATION] before a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties. The venue of Arbitration proceedings shall be [INSERT NAME OF COUNTRY AND CITY WHERE ARBITRATION SHALL BE CONDUCTED] No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. The decision of the Arbitrator shall be final and binding upon the parties.
  11. SUCCESSORS AND ASSIGNS
    1. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, successors, legal representatives, and permitted assigns.
  12. GOVERNING LAW AND JURISDICTION
    1. This Agreement shall be governed by and construed in accordance with the laws of [ INSERT STATE/COUNTRY OF APPLICABLE LAWS]. Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of [INSERT COURT WHICH SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF ANY DISPUTE].
  13. ENTIRE AGREEMENT
    1. This Agreement constitutes the entire agreement between the Parties regarding the subject matter herein and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
  14. SEVERABILITY
    1. If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be modified to the extent necessary to render it enforceable, or if that is not possible, severed from this Agreement, and the remainder of this Agreement shall remain in full force and effect.
  15. INDEPENDENT LEGAL ADVICE
    1. The Parties are advised to seek independent legal counsel before entering into this Agreement. Each Party acknowledges that they have been given a reasonable opportunity to consult with an attorney of their choosing regarding the terms, conditions, and obligations set forth in this Agreement, including any restrictions or commitments imposed herein.
    2. By signing this Agreement, the Parties confirm that they have either sought such independent legal advice or voluntarily chosen to proceed without it. Each Party further represents that they are entering into this Agreement knowingly, voluntarily, and with a full understanding of its provisions. The Parties acknowledge that they are not relying on any statements, promises, or representations made by the other Party or any representative thereof that are not expressly included in this Agreement.
  16. DECLARATION
    1. The parties hereby understand and expressly agree to the provisions laid down in the present agreement and in good faith, undertake that both parties shall follow the terms of this agreement in good conscience in order to secure better growth of both the Parties.

IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.

Signed, sealed and delivered on behalf of the Party A:

Name: [INSERT NAME OF PARTY A]

Signature:

Date: [INSERT SIGNING DATE OF PARTY A]

Signed, sealed and delivered on behalf of the Party B:

Name: [INSERT NAME OF PARTY B]

Signature:

Date: [INSERT SIGNING DATE OF PARTY B]

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