Fill and Sign the Grounds for Involuntary Termination of Parental Rights Every State the District of Columbia American Samoa Guam the Northern 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 Colorado; 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
For purposes of this section , a separate property will consist of all real and personal property, including (but not limited to) all real and personal estate. Notwithstanding the above, upon execution of this agreement, either party may give up his or her separate property to the other in a signed contract for an amount greater than what each is willing and able to retain in cash. If a separate property agreement is reached, the parties shall jointly assign title to the separate property. After this property assignment, each party may not transfer possession of his or her separate property to the other party. 2 separate property each of the parties shall retain full control of his or her own separate property. After their separate property is separated or distributed, each party may retain a percentage, in cash or otherwise, of his or her separate property. Section 2 severance and distribution of joint property to husband or wife. 1. Each party shall have the right to retain his or her separate property, after the split, if the parties so agree or if the splitting does not result in a de facto dissolution of the marriage. 2. Each party shall have the right to sever or change the proportion of joint property in which s/he or she has interests, if the parties so agree and the severance or change does not result in a de facto dissolution of the marriage. Upon divorce, death or other circumstances that would qualify as a de facto dissolution of the marriage, the parties agree that: a. They shall separate and their separate property are severed under this agreement and all interest therein shall pass to the other party or parties. B. This agreement, the separate property agreement entered into previously or any agreement or understanding that would cause the parties to continue their separate property after a divorce, shall be null and void, without being deemed a separate property agreement by the courts of the state of Colorado or any other jurisdiction. Section 3 joint estate all parties in this agreement shall keep separate and, to the best of their ability, share joint property equally. For purposes of this section, equal share shall mean the same fraction or part of joint property, and shall include, but not be limited to: (1)” the same number of interests, of which one interest shall be equal to the other interests; and (2)” equal share of expenses of administration. 3 2/2/10 1. As a condition of this agreement, the separate interests so received shall be held in trust for the other party until: (1) if the separation results in termination of s/he is not able to continue.