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We are looking to make a postnuptial agreement nothing

Customer Question
complicate, no kids just a...
we are looking to make a postnuptial agreement nothing complicate, no kids just a house.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: Our relation is friendly and fair.
Submitted: 1 year ago.Category: Legal
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Answered in 3 minutes by:
11/11/2016
Lawyer: Ray, Lawyer replied 1 year ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 43,425
Experience: 30 years in civil, probate, real estate, elder law
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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.

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Lawyer: Ray, Lawyer replied 1 year ago

Form for you here

POSTNUPTIAL AGREEMENT
THIS AGREEMENT (the “Agreement”), made this____________ day of ___________________, 20 _____ by and between _________________________ of _________________________________ _____________________________ (the “Husband”) and _______________________________ of _______________________________________________________________ (the “Wife”).
RECITALS
WHEREAS, the Husband and Wife are married on the _____________ day of ___________________, ____________ under the laws of the State of _______________; and
WHEREAS, the Husband and Wife wish to enter this Agreement to establish the ownership and division of property between them, including any future property that may be acquired by either or both of them, in the event of divorce, death, or other circumstance that results in the termination of their marriage; and
NOW THEREFORE, in consideration of the intended marriage and of the mutual promises and covenants of this Agreement, the Husband and Wife hereby agree as follows:
PURPOSE
Both Husband and Wife currently own certain real or personal property, individually as mentioned on the Exhibits A and B attached to this agreement. Both Husband and Wife wish to make a clear record of their intents with respect to the control, management and operations of their properties and debts. Now the parties wish to set forth in this Agreement their respective rights in and to all property either owned at the date of their marriage and in and to all property that may be acquired by either or both of them after their marriage, in the event of a divorce or dissolution of the marriage, or on the death of one of the parties.
SEPARATE PROPERTY
Husband and Wife shall separately retain all rights in the property which he or she now owns, or may own or acquire separately in future including all appreciation, as well as any income acquired separately in the future ("Separate Property"). Complete lists of each Party’s Separate Property are attached to this Agreement as Exhibits A and B. Separate property shall also include gifts or inheritances one party receives from a third party. The Husband and Wife shall have the unrestricted right to dispose of such Separate Property, free and clear of any claim and with the same effect as if no marriage had been consummated between them.
JOINT PROPERTY
All property not specifically deemed Separate Property will be considered Joint Property of the Husband and Wife (“Joint Property”). In the event if the Husband and Wife become separated or divorced, or upon the death of a party, all Joint Property will be deemed to be owned in the following manner:
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
WAIVER OF RIGHTS
The Husband and Wife hereby mutually waive, release and relinquish any and all right, title or interest whatsoever, whether arising by common law or present or future statute of any jurisdiction or otherwise, in the Separate Property and probate estate of the other, including but not limited to distribution in intestacy, the right of election to take against the will of the other, any rights accruing by reason of events occurring prior to their marriage, and any right to dower, courtesy, statutory allowances, and spousal support. Such waiver, release and relinquishment shall not apply and is not effective with respect to any rights or entitlements a party may have as a surviving spouse under the Social Security laws or with respect to any other governmental benefit or governmental program of assistance.
ALIMONY OR SUPPORT
The Husband and Wife hereby specifically agree that neither shall make any claim for or be entitled to receive any money or property from the other in the form of alimony, spousal support, or maintenance in the event of separation, annulment, dissolution or any other domestic relations proceeding of any kind or nature, and each of the parties waives and relinquishes any claim for alimony, spousal support or maintenance, including, but not limited to, any claims for services rendered, work performed, and labor expended by either of the parties during any period of cohabitation prior to the marriage and during the entire length of the marriage. The waiver of spousal support shall apply to claims both pre and post-judgment.
ERISA RIGHTS
The Husband and Wife specifically waive any right, whether created by any statute or otherwise, to pension, profit-sharing, or other retirement benefits earned by or credited to toe other, including, but not limited to, any joint or survivorship rights and any right which might arise in the event of the parties' separation or the dissolution of the marriage.
ADDITIONAL DOCUMENTS
Upon the solemnization of the marriage, each party shall execute such waivers or other documents as the other may reasonably request to evidence such waiver.
RIGHT TO CONTEST
Nothing contained under this Agreement shall limit the right of any party to contest any domestic relations suit between the parties or to file a countersuit against the other party. However, in any hearing on such suit, neither party shall maintain any claim or demand whatsoever against the other for property, suit money, attorney fees and costs which is either inconsistent with or not provided for in this Agreement.
ENTIRE AGREEMENT
This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof. All prior agreements, covenants, representations, and warranties, expressed or implied, oral or written, with respect to the subject matter hereof, are contained herein. All prior or contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants, and warranties, with respect to the subject matter hereof, are waived, merged, and superseded hereby. This is an integrated agreement.
BINDING ON SUCCESSORS
Each and every provision hereof shall inure to the benefit of and shall be binding upon the heirs, assigns, personal representatives, and all successors in the interest of the parties.
SEVERABILITY
In the event any provision of this Agreement is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this Agreement so as not to cause the invalidity or unenforceability of the remainder of this Agreement. All remaining provisions of this Agreement shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
MODIFICATION
This Agreement may be modified, superseded, or voided only upon the written agreement of the parties. Further, the physical destruction or loss of this Agreement shall not be construed as a modification.
ACKNOWLEDGEMENTS
Each party acknowledges that he or she has had an adequate opportunity to read and study this Agreement, to consider it, to consult with attorneys individually selected by each party, without any form of coercion, duress or pressure. Each party acknowledges that he or she has examined the Agreement before signing it, and has been advised by independent legal counsel concerning the rights, liabilities and implications of this document.
GOVERNING LAW
Without regard to the location of any property affected by this agreement, this Agreement shall be interpreted and enforced under the laws of the state of _______________________________.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set forth below.
___________________________________ ______________________, 20__
Husband's Signature Date
___________________________________ ______________________, 20__
Wife's Signature Date

WITNESS
Print Name: _________________________________
Signature: _________________________________
Address: _________________________________
Print Name: _________________________________
Signature: _________________________________
Address: _________________________________

State of_______________________
County of _____________________
On this ___________day of ___________, 20_____, before me, the undersigned Notary Public, personally appeared __________________________________________ and _______________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who signed and executed the foregoing instrument in their authorized capacity.
My Commission Expires: _____________

______________________________
Notary Public

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Lawyer: Ray, Lawyer replied 1 year ago

Texas law provides that couples intending to marry, and those already married, may execute a document that characterizes their property as separate or community. That agreement may characterize property in a manner that is different from what the law would do without such an agreement. Premarital and post-marital agreements are completely enforceable in Texas and favored by Texas law.

You can prepare your post nuptial agreement using this form.

I appreciate the chance to help you tonight.Thanks again.

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Lawyer: Ray, Lawyer replied 1 year ago

Texas requirements

  1. It needs to be in writing
  2. There needs to be a disclosure of the financial assets or a waiver of that disclosure before the agreement is signed.

My suggestion would be to do both. You should disclosure your assets and debts and get a waiver of that disclosure.

I would also suggest paying for your spouse to consult with an attorney regarding this agreement or alternatively for her to sign a separate document saying she does not wish to consult with an attorney.

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Ray
Ray
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Category: Legal
Satisfied Customers: 43,425
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Experience: 30 years in civil, probate, real estate, elder law

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