Fill and Sign the Montana Property Agreement Form

AMENDMENT TO 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"), 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 _______        County, _________        ; 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 effective upon execution in accordance with the applicable laws of the State of Montana; and WHERAS, except as otherwise provided in this agreement, the postnuptial agreement and all provisions contained therein, shall remain in full 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: 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]       _______________________________________________________________________________ - 1 - _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _____ (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 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 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. SECTION 4 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 - 2 - 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 5 SEVERABILITY If any portion of this 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 herein. SECTION 6 CONTROLLING LAW This agreement shall be controlled, construed and given effect by and under the laws of the State of Montana. It is the intent of the parties that the agreement be enforced to the fullest extent permissible under applicable laws and public policies. SECTION 7 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. 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: _________________________________ Note: This agreement must be executed before a notary public. - 3 - STATE OF _______________________ COUNTY OF _____________________ The instrument was acknowledged before me on ___________________ (date), by ________________________ (name(s)). ___________________________________ Notary Public, State of Printed Name:________________________ Commission Expires: _________________ STATE OF _______________________ COUNTY OF _____________________ The instrument was acknowledged before me on ___________________ (date), by ________________________ (name(s)). ___________________________________ Notary Public, State of Printed Name:________________________ Commission Expires: _________________ - 4 -