Fill and Sign the Hawaii Property 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 the ir 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, t he parties warrant and represent that they have fully disclosed their financial status, including all assets , liabilities , and income, as listed in the f inancial statement disclosures , attached as Exhibits A and B ; and WHEREAS, the parties agree that t his agreement is to be effective upon execution in accordance with the applicable laws of the State of Hawaii ; and NOW, THEREFORE, in consideration of the mutual promises, covenants, warranties and other benefits and advantages accruing to each party, the parti es 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 prop erty, real, personal and mixed owned at the time of execution of this agreement and described in Exhibits A and B , wherever the property is located . B y the terms of this agreement , each party hereby waives and relinquishes all claim to the separate property of the other. Each of the parties shall have and - 2 - hereby is given the right to lease, sell, con vey, mortgage or otherwise dispose of their separate property and receive all monies, rents, issues, income and profits thereof without any restrictions and without interference from the other party . Each of the parties shall be responsible for satisfying any tax obligations regarding his or her separate property . Despite any other provisions of this instrument, this agreement shall not affect in any way the parties' rights, titles, powers, duties, discretions, immunities and interest in any property owned in joint tenancy or entirety with rights of survivorship. SECTION 2 JOINT PROPERTY The parties agree that all property not specifically designated as separate property shall be deemed to be part of their joint estates and considered their joint property. By the terms of this agreement, the parties evidence their intent to grant the powers and rights to the parties as to jointly owned property as is provided to spouses by operation of law. SECTION 3 SEPARATION AND DIVORCE To the extent permitted by law, this agreement shall govern the rights and obligations of the parties in the event of death of either or both parties, separation or divorce. Although the parties do not presently intend to separate or divorce, the parties ag ree this agreement shall be binding on both parties in the event of separation or divorce , and shall , if applicable , and allowed by law, be incorporated into any divorce decree. In the event of separation or divorce, the parties agree that the following types of property will be designated as either the separate or joint property of the parties: (a) All property acquired by each party in their own name and/or with the use of their own assets or income prior to the execution of this agreement : separate or joint; (b) All property acquired by each party in their own name and/or with the use of their own assets or income after the execution of this agreement: separate or joint; (c) All property ac quired in the joint names of both parties and/or with the use of joint assets or income prior to the execution of this agreement: separate or joint; (d) All property ac quired in the joint names of both parties and/or with the use of joint assets or income after the execution of this agreement: separate or joint; (e) All p roperty acquired in exchange for or from the sale proceeds of property owned by either party prior to the execution of this agreement: separate or joint; (f) All property acquired in exchange for or from the sale proceeds of property owned by either party after the execution of this agreement: separate or joint; (g) All property acquired in exchange for or from the sale proceeds of property owned by both parties before execution of this agreement: separate or joint; (h) All property acquired in exchange for or from the sale proceeds of property owned by both parties after execution of this agreement: separate or joint; (i) All monetary awards or settlement s result ing from a lawsu it or other legal proceeding involving either party before the execution of this agreement: separate or joint; - 3 - (j) All monetary aw ards or settlements resulting from a lawsuit or other legal proceeding involving either party after the execution of this agreement: separate or joint; (k) All monetary awards or settlements resulting from a lawsuit or other legal proceeding involving both parties before the execution of this agreement: separate or joint; (l) All m onetary a ward or settlement s resulting from a lawsuit or other legal proceeding involving both parties after the execution of this agreement : separate or joint; (m) All insurance p roceeds received by either party before execution of this ag reement : separate or joint; (n) All insurance proceeds received by either party after execution of this agreement: separate or joint; (o) All insurance proceeds received by both parties before execution of this agreement: separate or joint; (p) All insurance p roceeds received by both parties after execution of this agreement : separate or joint; (q) All g ambling or lottery win nings received by either party before execution of this agreement : separate or joint; (r) All g ambling or lottery winnings received by either party after execution of this agreement : separate or joint; (s) All e arnings, salary, wages, bonuses , commissions or dividends of either party received or earned before the execution of this agreement: separate or joint; (t) All earnings, salary, wages, bonuses, commissions or dividends of either party received or earned after the execution of this agreement: separate or joint; and (u) Other : _________________________________________________ _______________________________________________________________ separate or joint Not applicable or The parties further agree that in the event of separation or divorce, the following additional provisions shall apply notwithstanding the other provisions of this agreement: (a) The Wife shall be entitled to rec eive property o f Husband described as follows: [none or list property] ______ (b) The Husband shall be entitled to receive property of Wife described as follows: [none or list property] (c) The following property shall be sold and the proceeds, less expenses, divided equally between the parties: [none or list property] (d) The marital domicile shall be [occupied by Wife until her death or occupied by Husband until his death or sold and the proceeds divided equally between Husband and Wife.] - 4 - SECTION 4 DEBTS AND LIABILITIES The parties agree that each part y shall pay the debts and liabilities incurred prior to execution of this agreement in that party’s name as separate proper ty, and in no case shall either party be held liable for the debts and liabilities incurred in the other part y’s name prior to execution of this agreement , but that the parties shall jointly pay for the debts and liabilities incurred in both parties’ names prior to the execution of this agreement as joint property ; or the parties shall jointly pay the debts an d liabilities incurred prior to the execution of this agreement in one or both party’s name as joint property . The parties further agree that each party shall pay the debts and liabilities incurred after the execution of this agreement i n that party’s name as separate property , and in no case shall either party be held liable for the debts and liabilities incurred in the other party’s name after the execution of this agreement , but that the parties shall jointly pay for the debts and liabilities incurred in both parties’ names after the execution of this agreement as joint property ; or the parties shall jointly pay for the debts an d liabilities incurred after the execution of this agreement in either one or both parties’ names as joint property . SECTION 5 WAIVER OF MARITAL RIGHTS TO ESTATE Not applicable or Each of the parties hereby waives and releases to the other any and all of his or her right, title and interest of every kind and descript ion in a ny and all property acquired by the other party by inheritance or other means and to all or a portion of the property of the other party which he or she may have, acquire, enjoy or be seized by reason of, or during or after, their marriage, as the wife, husband, widow or widower of the other part y, whether by way of dower, courtesy, homestead, widow's allowance, statutory share or provision, descent, community property inheritance, succession or otherwise . SECTION 6 VOLUNTARY GIFTS Nothing containe d in this agreement is intended to preclude either party from voluntarily making provision for, or granting powers or rights to, the other party in and by the party’s last will and testament , a codicil thereto or otherwise. SECTION 7 WAIVER OF RIGHTS TO PENSION/RETIREMENT FUNDS Not applicable or Each party agrees that he or she shall retain all of the rights, titles and interests in the pension or other retirement plan or account in his or her name prior to and after execution of this agr eement, including any income accruing or accrued from such plan or account and any increases in the value of such plan or accoun t that result from depositing separate assets or income. The parties agree that regardless of the source of funds used in any pe nsion, retirement or - 5 - other deferred compensation plans or accounts, each party may maintain and continue such plans or accounts and each party waives any rights, titles and interests in the other’s plans or accounts. SECTION 8 ADDITIONAL OR FURTHER DOCU MENTS; 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 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 b y a party’s failure to execute a necessary document, but the terms of this agreement shall control such designation. SECTION 9 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of thi s Agreement shall be binding unless executed in writing by all parties. SECTION 10 AMENDMENT OR REVOCATION Th e 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. SECTION 11 ABSENCE OF DURESS OR UNDUE INFLUENCE The parties agree and state that each has freely and voluntarily entered into this agreement. This agreement was executed free of any duress, coerci on, collusion, or undue influence , and the terms of this agreement are not unconscionabl e, but ar e fair, just, and equitable . Both parties were provided prior to execution of this agreement a fair and reasonable disclosure of the property and financial obl igations 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 12 SEVERABILITY If any portion of the agreement shall be held to be invalid or unenforceable for any - 6 - 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 1 3 CONTROLLING LAW This agreement shall be controlled, construed and given effect by and under the laws of the State of Hawaii . It is the intent of the parties that the Agreement be enforced to the fullest extent permissible under applicable laws and public polici es. SECTION 1 4 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of t he parties hereto and their respective successors, assigns, executors, administrators, and legal r epresentatives . SECTION 15 MISCELLANEOUS CLAUSES ____________________________________________________________________ ______________________________________________________ _________________________ _______________________________________________________________________________ _______________________________________________________________________________ _________________________________________________________________________ ______ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _____________ __________________________________________________________________ _______________________________________________________________________________ ____________________ IN WITNESS WHEREOF, t he parties h ave execute d this agreement on the day and year first ab ove written . ____________________________ FIRST PARTY (“WIFE”) _____________________________ SECOND PARTY (“HUSBAND”) Approved: - 7 - Attorney for First Party: ___________________________________ Attorney for Second Party: _________________________________ Note: This agreement must be executed before a notary public. STATE OF HAWAII COUNTY OF _________ On this _____day of _______________, 20_____, before me personally appeared _________ __________________, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Witness my hand and seal. (SEAL) ___________________________________ (Signature of Notary Public) My commission expires: ____________________ STATE OF HAWAII COUNTY OF _________ On this _____day of _______________, 20_____, before me personally appeared ___________________________, to me known to be the pe rson described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Witness my hand and seal. (SEAL) ___________________________________ (Signature of Notary Public) My commission expi res: ____________________ 1 EXHIBIT A FINANCIAL STATEMENT DISCLOSURE OF WIFE I. Assets (Describe all assets considered separate property of Wife , including approximate value) a. Real Estate ____________________________________________________________________________ _________________________________________________________________________________ _______________________________ __________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ b. Bank Accounts and Cash (including life insurance cash value, and the numbers, names and banks of all financial, checking and savings accounts) ____________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ __________________ _______________________________________________________________ _________________________________________________________________________________ c. Trusts ____________________________________________________________________________ _________________________________________________________________________________ _________________________________________________ ________________________________ _________________________________________________________________________________ _________________________________________________________________________________ d. Vehicles (including year, make and model) ____________________________________________________________________________ ____________________________________ _____________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________ ________________________________ e. Other (including securities, stocks, bonds, pension/retirement plans or accounts, etc.) ____________________________________________________________________________ _________________________________________________________________________________ _______________________________________________________________________________ __ _________________________________________________________________________________ _________________________________________________________________________________ II. Debts (Describe all debts and liabilities, including all notes payable, mortgages, loan s, etc. ) ____________________________________________________________________________ ______________________________________________ ___________________________________ _________________________________________________________________________________ _________________________________________________________________________________ ___________________________________________________________ ______________________ _________________________________________________________________________________ _________________________________________________________________________________ III. Annual Income (including salary, bonus, commissions, dividends, etc.) (A ttach copy of Federal Income Tax Return and most recent paycheck stub .) _______________________________________________________________________________ 2 EXHIBIT B FINANCIAL STATEMENT DISCLOSURE OF HUSBAND I. Assets (Describe all assets considered separate property of Husband, including approximate value) a. Real Estate ____________________________________________________________________________ _____________________________________________________ ____________________________ _________________________________________________________________________________ _________________________________________________________________________________ __________________________________________________________________ _______________ b. Bank Accounts and Cash (including life insurance cash value, and the numbers, names and banks of all financial, checking and savings accounts) ____________________________________________________________________________ _________________________________________________________________________________ ______________________________________ ___________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ c. Trusts ____________________________________________________________________________ _________________________________________________________________________________ __ _______________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ d. Vehicles (i ncluding year, make and model) ____________________________________________________________________________ ___________ ______________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ ________________________ _________________________________________________________ e. Other (including securities, stocks, bonds, pension/retirement plans or accounts, etc.) ____________________________________________________________________________ _____________________________________________________ ____________________________ _________________________________________________________________________________ _________________________________________________________________________________ __________________________________________________________________ _______________ II. Liabilities or Debts (Describe all debts and liabilities, including all notes payable, mortgages, loans, etc.) ________________________________________________ ____________________________ _________________________________________________________________________________ _________________________________________________________________________________ __________________________________________________________________ _______________ _________________________________________________________________________________ _________________________________________________________________________________ _______________________________________________________________________________ __ _________________________________________________________________________________ _________________________________________________________________________________ III. Annual Income (including salary, bonus, commissions, dividends, etc.) (Attach copy of Federal Income Tax Return and most recent paycheck stub as proof of income .) ________________________ _______________________________________________________