Accordance with the applicable laws of the state of north dakota form
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AGREED REVOCATION OF 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 H
WHEREAS, 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 hereby desire to revoke the postnuptial agreement; and
WHEREAS, the parties agree that this revocation is to be effective upon execution in
accordance with the applicable laws of the State of North Dakota.
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
REVOCATION
The postnuptial agreement entered into between the Parties and referenced above is hereby
revoked and cancelled for all purposes. The Parties’ rights and obligations shall be governed by the
laws of the State of North Dakota and any other agreements the Parties may enter into.
SECTION 2
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
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parties.
SECTION 3
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
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 4
CONTROLLING LAW
This revocation shall be controlled, construed and given effect by and under the laws of the
State of North Dakota. It is the intent of the parties that the revocation be enforced to the fullest
extent permissible under applicable laws and public policies.
SECTION 5
SUCCESSORS AND ASSIGNS
This revocation 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 _________________
On this ____ day of _________________ , in the year _______ , before me personally
appeared ____________________________, known to me (or proved to me on the oath of
_____________) to be the person who is described in and who executed the within instrument,
and acknowledged to me that ________ (he/she/they) executed the same.
(Seal) ___________________________________
Notary Public, State of
Printed Name: _______________________
Commission Expires: ________________________
STATE OF ___________________
COUNTY OF _________________
On this ____ day of _________________ , in the year _______ , before me personally
appeared ____________________________, known to me (or proved to me on the oath of
_____________) to be the person who is described in and who executed the within instrument,
and acknowledged to me that ________ (he/she/they) executed the same.
(Seal) ___________________________________
Notary Public, State of
Printed Name: _______________________
Commission Expires: ________________________
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