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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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Postnuptuial Agreement?? Me and the wife are working on an

Customer Question

postnuptuial Agreement?? Me and the wife are working on an agreement. Could I get an example of what the schedule A and B should look like that lists the separate property? Also what is the form I have read about that covers each party just in case something is left off of the list of separate property?
Submitted: 1 month ago.
Category: Family Law
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 1 month ago.

If you look at page 19 -20 here at this site you can see examples of the attachments.These are from an actual divorce settlement agreement here in Texas.You have to get creative the bar controls most of the forms here in Texas and sells them to lawyers only.

http://www.emilymiskel.com/pdfs/paralegal.pdf

Know that there is no right or wrong as far as the Schedules, you list the Title Schedule A and then set out the real estate or personal property for that one.

Customer: replied 1 month ago.

The wavier of financial disclosure? How is it to be worded if it is for a post nuputial? The last two pages of the link about have it as a PRE nuptuial.

Expert:  RayAnswers replied 1 month ago.

Can you paste that here so I can see it, thanks.

Customer: replied 1 month ago.

http://www.emilymiskel.com/pdfs/paralegal.pdf

The Last two pages. I need this for a Post Nuptuial agreement. How does it work for Post nuptuial?

Expert:  RayAnswers replied 1 month ago.

Schedule A Separate Property of Wife

House located at***** Houston, Texas 77074 known as

Lot 12 Block 5 of the Smith Subdivision.

2012 Audi Automobile, VIN # 12234he434

Schedule B Separate Property of Husband

2014 Chevy Pick up Truck, VIN#1234343h 344

Furnishings including 70 inch RCA TV, living room furniture

Something like this just describe to the extent possible what the exact items are and reference the exhibits in the post nup here.

Expert:  RayAnswers replied 1 month ago.

You are going to have to draft each Schedule A and B here with the specific items for each person.

Customer: replied 1 month ago.

I am talking about the "WAIVER OF DISCLOSURE OF FINANCIAL INFORMATION" it is my understanding that if we sign this it will support the agreement just in case we miss something on the schedule A-B. To add further protection and ensure the agreement cannot be overturned.

Expert:  RayAnswers replied 1 month ago.

You would want this as a separate page prior to signature page--you have to modify this to post nup and post nup language.

WAIVER OF DISCLOSURE OF FINANCIAL INFORMATION

This

Waiver of Disclosure of Financial Information

is made by

[future husband]

(“[

future husband’s first name

]”), Future Husband, and

[future wife]

(“[

future wife’s first

name]

”), Future Wife. We are not married, and we are executing this waiver in accordance with

Section 4.006 of the Texas Family Code prior to signing a

Premarital Agreement

. Our Waiver is

as follows:

1.

Waiver

[future husband]

is a resident of _____________________

County, Texas.

[

future

husband

] has been provided with a copy of the proposed

Premarital Agreement

, and he has read

it and fully understood it.

[

future husband

] was provided a fair and reasonable disclosure of the

property and financial obligations of [

future wife

]. [

future husband

] voluntarily and expressly

waives any right to disclosure of the property or financial obligations of [

future wife

]

. [

future

husband

] has adequate knowledge of the property or financial obligations of [

future wife

]

.

[

future husband

]

has been offered an opportunity for further investigation of the property and

financial obligations of

[

future wife

]. [

future husband

] waives the opportunity for further

investigation.

[

future wife

]

is a resident of _____________________ County, Texas. [

future wife

]

has

been provided with a copy of the proposed

Premarital Agreement

, and s

he has read it and fully

understood it.

[

future wife

]

was provide

d a fair and reasonable disclosure of the property and

financial obligations of [

future husband

]

. [

future wife

] voluntarily and expressly waives any

right to disclosure of the property or financial obligations of [

future husband

]. [

future wife]

has adequate knowledge of the property or financial obligations of [

future husband

].

[future

wife]

has been offered an opportunity for further investigation of the property and financial

obligations of

[future husband

]. [

future wife

]

waives the opportuni

ty for further investigation.

2.

Execution

We sign this

Waiver of Disclosure of Financial Information

, in multiple originals of

equal dignity, on the date and at the time indicated in our acknowledgments. This

Waiver of

Disclosure of Financial Information

is signed before the execution of the

Premarital Agreement

.

______________________________

___________________________________

[future wife]

[future husband]

[last name/last name]

Waiver

of Financial Disclosure

Page 2 of 2

ACKNOWLEDGMENTS

STATE OF TEXAS

§

COUNTY OF ____________

__

§

This Waiver of Disclosure of Financial Information was acknowledged before me at

__________ o’clock ______.m., by [

future husband

]

on ______________________, 2012.

_____________________________________

Notary Public, State of Texas

STATE OF TEXAS

§

COUNTY OF ____________

__

§

This Waiver of Disclosure of Financial Information was acknowledged before me at

__________ o’clock ___.m., by [

future wife

]

on

______________________, 2012.

______________________________________

Notary Public, State of Texas

Customer: replied 1 month ago.

What is Post Nup Language? That is what I am asking. I need this wavier for a Post Nup not a Pre nup. Does the Section 4.006 of the Texas Family Code apply differently for Post nup?

Expert:  RayAnswers replied 1 month ago.

The waiver here is done as a prenup so change language here she is your wife you are her husband etc.Just take out the future tense here , sorry I could not find a post nup form for you here.

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