POSTNUPTIAL AGREEMENT
IMPORTANT NOTICE: UNLESS THE PARTIES ENTER INTO THIS 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 FINDING 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 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"),
WITNESSETH
of
WHEREAS, Wife and Husband are now married, having been married on the
_______ , 2
, in
_______ Parish,
_________ ;
_ day
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 Louisiana; 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:
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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 and B,
wherever the property is located. By 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
hereby is given the right to lease, sell, convey, 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 agree 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 acquired 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 acquired 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 property 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
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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 settlements resulting from a lawsuit or other legal
proceeding involving either party before the execution of this agreement:
separate or
joint;
(j)
All monetary awards 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 monetary award or settlements resulting from a lawsuit or other legal
proceeding involving both parties after the execution of this agreement:
separate or
joint;
(m)
All insurance proceeds received by either party before execution of this
agreement:
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 proceeds received by both parties after execution of this
agreement:
separate or
joint;
(q)
All gambling or lottery winnings received by either party before execution
of this agreement:
separate or
joint;
(r)
All gambling or lottery winnings received by either party after execution
of this agreement:
separate or
joint;
(s)
All earnings, 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 receive property of 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]
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_________________________________________________________________
(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.]
SECTION 4
DEBTS AND LIABILITIES
The parties agree that
each party shall pay the debts and liabilities incurred prior to
execution of this agreement in 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 prior to execution
of this agreement (except for debts or liabilities incurred for necessaries for the party or the family),
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 and
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 in 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, (except for debts or liabilities incurred for necessaries for the party or
the family), 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 and liabilities incurred after the execution of this agreement in either one or both parties’
names as joint property.
SECTION 5
VOLUNTARY GIFTS
Nothing contained 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 6
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 agreement, including any income accruing or accrued from such plan or account
and any increases in the value of such plan or account that result from depositing separate assets or
income. The parties agree that regardless of the source of funds used in any pension, retirement or
other deferred compensation plans or accounts, each party may maintain and continue such plans or
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accounts and each party waives any rights, titles and interests in the other’s plans or accounts.
SECTION 7
ADDITIONAL OR FURTHER DOCUMENTS; 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 by a
party’s failure to execute a necessary document, but the terms of this agreement shall control
such designation.
SECTION 8
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 this Agreement shall be binding
unless executed in writing by all parties.
SECTION 9
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.
SECTION 10
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, coercion, collusion, or undue
influence, and the terms of this agreement are not unconscionable, but are fair, just, and
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 11
SEVERABILITY
If any portion of the agreement shall be held to be invalid or unenforceable 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
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herein.
SECTION 12
CONTROLLING LAW
This agreement shall be controlled, construed and given effect by and under the laws of the
State of Louisiana. It is the intent of the parties that the Agreement be enforced to the fullest extent
permissible under applicable laws and public policies.
SECTION 13
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective successors, assigns, executors, administrators, and legal representatives.
SECTION 14
MISCELLANEOUS CLAUSES
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_________
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year
first above written.
____________________________
FIRST PARTY (“WIFE”)
_____________________________
SECOND PARTY (“HUSBAND”)
Approved:
Attorney for First Party: ___________________________________
Attorney for Second Party: _________________________________
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Note: This agreement must be executed before a notary 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, acknowledged before me on this day that, being
informed of the contents of the conveyance, they 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:
_______________
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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, loans, etc.)
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
____________________________________________________________________________
III. Annual Income (including salary, bonus, commissions, dividends, etc.) (Attach copy of Federal Income
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Tax Return and most recent paycheck stub.)
_______________________________________________________________________________
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 (including 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.)
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
____________________________________________________________________________
_________________________________________________________________________________
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.)
_______________________________________________________________________________
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