Accordance with the applicable laws of the state of nebraska and form
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AMENDMENT TO POSTNUPTIAL AGREEMENT
READ BEFORE SIGNING: IMPORTANT NOTICE: EACH PARTY TO THIS
AGREEMENT AGREES THAT THEY HAVE HAD AN OPPORTUNITY TO CONSULT
WITH AN ATTORNEY OF THEIR CHOICE LICENSED TO PRACTIC E LAW IN
THEIR STATE OF RESIDENCE (NOT THE SAME ATTORNEY) AND THAT THEY
HAVE FULLY READ, UNDERSTAND AND AGREE TO THE TERMS O F THIS
AGREEMENT. EACH PARTY FURTHER AGREES THAT THEY ARE N OT ACTING
UNDER DURESS OR UNDUE INFLUENCE IN EXECUTING THIS A GREEMENT AND
THAT EXECUTION OF SAME IS DONE FREELY AND VOLUNTARILY.
THIS AGREEMENT, made this ____ day of ________________, 2_ ___, between
___________________________ (Name), of ______________________________ (Address),
_____________ (State) ("first party or Wife"), and _____________________ (Name), of
____________________________ (Address), _____________ (State) ("second party or Husband"),
both herein referred to as “Parties”.
W I T N E S S E T HWHEREAS, Wife and Husband are now married, having been married on the _ day
of _______ , 2 , in _______ County, _________ ; and
WHEREAS, the Parties entered into a postnuptial agreement on the day of
; and
WHEREAS, the Parties desire to amend portions of the postnuptial agreement for the best
interest of all involved; and
WHEREAS, the parties agree that this agreement is to be effective upon executi on in
accordance with the applicable laws of the State of Nebraska; and
WHERAS, except as otherwise provided in this agreement, the postnuptial agree ment and
all provisions contained therein, shall remain in full force and effect.
NOW, THEREFORE, in consideration of the mutual promises, covenants, warranties and
other benefits and advantages accruing to each party, the parties agree as set forth a bove and
below as follows:
SECTION 1
AMENDMENTS
The Parties hereby amend the postnuptial agreement, or add supplementary provisions to the
agreement as follows (attach additional sheets if necessary):
(a) [insert desired amendment or addition]
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________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
(b) [insert desired amendment or addition]
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
(c) [insert desired amendment or addition]
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
SECTION 2
ADDITIONAL OR FURTHER DOCUMENTS; COOPERATION
Each party agrees that he or she will sign and execute any further or additional
documents as may be necessary to put into effect the intended purposes of this agree ment, such
as any deeds, bills of sale, assignments, affidavits, tax forms or other instruments of transfe r and
title that are required in order to establish the parties’ respective rights in their separate and joint
property. The designation of property as separate or joint, however, shall not be affected by a
party’s failure to execute a necessary document, but the terms of this agreement shall control
such designation.
SECTION 3
AMENDMENT OR REVOCATION
The parties agree to reserve the right to amend or revoke this agreement during the joint
lives of the parties and the parties’ marriage by a written amendment or revoc ation signed by both
parties.
SECTION 4
ABSENCE OF DURESS OR UNDUE INFLUENCE
The parties agree and state that each has freely and voluntarily entered into t his
agreement. This agreement was executed free of any duress, coercion, collusion, or undue
influence, and the terms of this agreement are not unconscionable, but are fair, just, a nd
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equitable. Both parties were provided prior to execution of this agreement a fair and reasonable
disclosure of the property and financial obligations of the other party and each party had, or
reasonably could have had, an adequate knowledge of the property and financial obligations of the
other party.
SECTION 5
SEVERABILITY
If any portion of this agreement shall be held to be invalid or unenforceable for any
reason, then all the remaining parts or portions shall be construed, implemented and adm inistered
in full force and effect as if such invalid or unenforceable portion did not appear herein.
SECTION 6
CONTROLLING LAW
This agreement shall be controlled, construed and given effect by and under the laws of the
State of Nebraska. It is the intent of the parties that the agreement be enforced to the fullest extent
permissible under applicable laws and public policies.
SECTION 7
SUCCESSORS AND ASSIGNS
This agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective successors, assigns, executors, administrators, and legal representatives.
IN WITNESS WHEREOF, the parties have executed this agreement on the da y and year
first above written.
____________________________
FIRST PARTY (“WIFE”) _____________________________
SECOND PARTY (“HUSBAND”)
Approved:
Attorney for First Party: ___________________________________
Attorney for Second Party: _________________________________
Note: This agreement must be executed before a notary public.
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STATE OF _______________________
COUNTY OF _____________________
The foregoing instrument was acknowledged before me this _________________ (date)
by _________________________ and ___________________. (name of persons).
___________________________________
Notary Public, State of
Printed Name:________________________
Commission Expires: _________________
STATE OF _______________________
COUNTY OF _____________________ The foregoing instrument was acknowledged before me this _________________ (date)
by _________________________ and ___________________. (name of persons).
___________________________________
Notary Public, State of
Printed Name:________________________
Commission Expires: _________________
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