Fill and Sign the Everything You Need to Know About Postnuptial Agreements Form

- 1 - AMENDMENT TO POSTNUPTIAL AGREEMENT IMPORTANT NOTICE: UNLESS THE PARTIES ENTER INTO TH IS AGREEMENT WITHIN THE FIRST YEAR OF MOVING INTO AND ACQUIRING DOMICILE IN LOUISIANA, EACH PARTY TO THIS AGREEMENT AGREES THAT PRIOR TO SIGNING THIS AGREEMENT, THEY HAVE FILED A PETITION IN THE DISTRICT COURT OF THEIR RESIDENCE AND HAVE OBTAINED A FINDIN G BY THE COURT THAT THIS AGREEMENT SERVES THEIR BEST INTERESTS AND THAT THEY UNDERSTAND THE GOVERNING PRINCIPLES AND RULES. EACH PARTY AGREES THAT THEY HAVE HAD AN OPPORTUNITY TO CONSULT WITH A N ATTORNEY OF THEIR CHOICE LICENSED TO PRACTICE LAW IN THEIR S TATE OF RESIDENCE (NOT THE SAME ATTORNEY) AND THAT THEY HAV E FULLY READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT . EACH PARTY FURTHER AGREES THAT THEY ARE NOT ACTING UNDER DURES S OR UNDUE INFLUENCE IN EXECUTING THIS AGREEMENT AND THAT EXEC UTION 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 Parish, ; 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 effecti ve upon execution in accordance with the applicable laws of the State of Louisiana; and WHERAS, except as otherwise provided in this agreem ent, the postnuptial agreement and all provisions contained therein, shall remain in f ull 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 above and below as follows: - 2 - 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] __________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ __________ (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 addi tional documents as may be necessary to put into effect the intended purposes of this agreement, such as any deeds, bills of sale, assignments, affidavits, tax forms or other instruments of transfer 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 a greement 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 revocation signed by both parties. - 3 - SECTION 4 ABSENCE OF DURESS OR UNDUE INFLUENCE The parties agree and state that each has freely and voluntarily e ntered into this agreement. This agreement was executed free of any duress, coercion, coll usion, or undue influence, and the terms of this agreement are not unconscionable, but are f air, just, and equitable. Both parties were provided prior to executio n of this agreement a fair and reasonable disclosure of the property and financial obligation s 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 unenforceabl e for any reason, then all the remaining parts or portions shall be construed, implemented and administered 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 g iven effect by and under the laws of the State of Louisiana. It is the intent of the partie s that the agreement be enforced to the fullest ext ent permissible under applicable laws and public polici es. SECTION 7 SUCCESSORS AND ASSIGNS This agreement shall be binding upon and inure to t he benefit of the parties hereto and their respective successors, assigns, executors, administ rators, and legal representatives. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written. ____________________________ FIRST PARTY (“WIFE”) _____________________________ SECOND PARTY (“HUSBAND”) - 4 - Approved: Attorney for First Party: _________________________ __________ Attorney for Second Party: ________________________ _________ Note: This agreement must be executed before a not ary public. STATE OF LOUISIANA PARISH OF _______________ I, a Notary Public, hereby certify that and whose names are signed to the foregoing instrument and who are known to me, ackno wledged before me on this day that, being informed of the contents of the conveyance, t hey executed the same voluntarily on the day the same bears date. Given under my hand this _______ day of _______, A. D. 20_______. ______________________________ NOTARY PUBLIC My Commission Expires: _______________