Fill and Sign the Address State Quotsecond Party or Form

- 1 - 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 PRACTICE LAW IN THEIR STATE OF RESIDENCE (NOT THE SAME ATTORNEY) AND THAT THEY HAVE FULLY READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. EACH PARTY FURTHER AGREES THAT THEY ARE NOT ACTING UNDER DURESS OR UNDUE INFLUENCE IN EXECUTING THIS AGREEMENT 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"), 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, ; WHEREAS, the parties now desire to enter into this agreement to clarify and establish their respective and collective rights, titles and interests in the separate and joint property of the parties, in the event of divorce, death or other circumstances that would serve to terminate their marriage, but without the present intent of either party to obtain a divorce or a legal separation; and WHEREAS, by execution of this agreement, the parties warrant and represent that they have fully disclosed their financial status, including all assets, liabilities, and income, as listed in the financial statement disclosures, attached as Exhibits A and B; and WHEREAS, the parties agree that this agreement is to be effective upon execution in accordance with the applicable laws of the State of Arkansas; and 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 above and below as follows: SECTION 1 SEPARATE PROPERTY Each of the parties shall retain full control of his or her own separate property, real, personal and mixed owned at the time of execution of this agreement and described in Exhibits A
a. (a) personal property includes, but is not limited to, cars, land and personal property of all types, including movable and immovable, and the property to which all the parties are entitled by reason of their marital relationship and of all subsequent rights or duties in that property, including life insurance, annuities, joint tenancy, mortgages, liens, deeds of trusts and other similar rights and interests. Also includes all money and investments held during the marriage, and money and investments to which the parties remain entitled by reason of that marriage or after that marriage, including but not limited to any interest in mutual funds, stock, bonds, mutual funds trusts, trusts, money market funds or investment companies, and retirement accounts in which the parties are entitled for personal living expenses. (b) (c) financial property includes: (i) all property, including cash, personal property, real property, investment property, property held for investment purposes, including any securities, currencies, contracts, notes, instruments, and all other rights and interests held and acquired by either (1) husband and wife in any investment or money market accounts, mutual funds, mutual funds investment accounts, or any fund, trust, trust funds, mutual fund trusts or investments; and (2) a mutual fund, mutual fund investment account or mutual fund trust; (ii) all other personal property including: (1) personal or movable property of the parties as husband and wife; (2) family furniture, household property, gifts, prizes, presents, gifts of money or financial instruments; (3) other property, including but not limited to clothes, shoes and motor vehicles; (4) children or children's entertainment, gifts, gifts of money and financial instruments, vacations and entertainment that are not considered personal or movable property; (5) a share of the spouses' jointly owned and managed business and real estate; (6) all family real and personal property and the assets of the joint business; (7) the debts, obligations, income and property of the jointly owned and managed business and real estate; (8) personal property, including, but not limited to, personal property belonging to either party that was not specifically listed in any of the financial statements; and (9) all money and investments to which either of them remain entitled at the time of execution of this agreement; (iii) all money, investments, securities and cash and any other property owned, used or acquired by either of the parties prior to the date of execution of this